RLF 


THE 


GENERAL  SCHOOrUWS 


OF 


MICHIGAN 


WITH  APPENDIXES 


COMPILED  AT  THE  OFFICE  OF  THE 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


1898 


BY    AUTHORITY 


LANSING,    MICH. 
ROBERT  SMITH  PRINTING  CO.,  STATE    PRINTERS  AND  BINDERS 

1898 


THE 


GENERAL  SCHOOL  LAWS 


MICHIGAN 

WITH  APPENDIXES 

COMPILED  AT  THE  OFFICE  OF  THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

1898 


BY    AUTHORITY 

^ 


OF  THE 

UNIVERSITY 


LANSING,    MICH. 
ROBERT  SMITH  PRINTING  CO.,  STATE    PRINTERS  AND  BINDERS 

1898 


L  3 


CONTENTS. 


CONSTITUTIONAL  PROVISIONS. 

Article  VIII.— State  officers,  6 

Article  XIII.— Education,     -        -  7 

STATUTORY  PROVISIONS. 

Chapter  I. — Superintendent  of  Public  Instruction,        .....  10 

Chapter  II.— Formation,  Alteration,  Meetings  and  Powers  of  bistricts,        -        -  12 

Chapter  III.—  District  Board  and  Officers,      -  19 

Chapter  IV.— Township  Officers,                                                                                      •  28 

Chapter  V. — County  Clerk  and  Treasurer, -        -  34 

Chapter  VI. — Bonded  Indebtedness  of  Districts,       ------        -  34 

Chapter  VII. — Suits  and  Judgments  against  Districts,          -        -        -        -        -  36* 

Chapter  VIII.— Sites  for  Schoolhouses,      ....                ....  37 

Chapter  IX. — Appeals  from  Action  of  Inspectors, 42 

Chapter  X.— Graded  School  Districts,        -  43 

Chapter  XI. — Publication  of  Financial  Statement  by  School  Board,  46 

Chapter  XII.— Libraries,      -                ^ 46 

Chapter  XIII. — Examination  of  Teachers  and  Supervision  of  Schools,       -  49 

Chapter  XIV.— Penalties  and  Liabilities,                                                                    •  56 

Chapter  XV. — Election  of  School  Inspectors,  58 

Chapter  XVI.— Teachers'  Institutes,                                                                              -  59 

Chapter  XVII. — Normal  School  Diplomas  and  Certificates,                                    -  62 
Chapter  XVIII.— State  Certificates  to  Teachers,      ...                                 -63 

Chapter  XIX. — The  Relations  of  Existing  Normal  Schools,                                  -  63 

Chapter  XX. — Teachers'  Associations, 64 

Chapter  XXL— Safe  Keeping  of  Public  Moneys,  65 

Chapter  XXII. — Compulsory  Education  of  Children, 66 

Chapter  XXIII.— To  Prevent  Crime  and  Punish  Truancy,           -        -        -        -  69 

Chapter  XXIV.— Free  Text-books,     -                                                                            -  70 

Chapter  XXV.— Uniformity  of  Text-books, 72 

Chapter  XXVL— Organization  of  Township  Districts,     -                                          -  77 

Chapter  XXVII.— Introduction  of  the  Kindergarten, 82 

Chapter  XXVIII.— University  Diplomas  and  Certificates, 83 


180914 


4  CONTENTS. 

Page- 
Chapter  XXIX.— College  Diplomas  and  Certificates, 83 

Chapter  XXX. — Restriction  of  Communicable  Diseases, 84 

Chapter  XXXI. — Examination  for  Admission  to  Agricultural  College,          -        -  85 

Chapter  XXXII.— Purchase  of  United  States  Flags,     -  86 

Chapter  XXXIII. — Agricultural  College  Course, 86 

NOTE. — Apportionment  of  Surplus  Dog-Tax  to  Districts,      -        -        -        -        -  87 

APPENDIXES. 

Appendix  A. — Digest  of  Decisions  of  the  Supreme  Court, 88 

Appendix  B. — Forms  for  Proceedings, Ill 


INTRODUCTORY. 


In  compiler's  section  No.  3  of  the  General  School  Law  (this  book)  may 
be  found  the  law  which  makes  it  the  duty  of  the  Superintendent  of  Public 
Instruction  to  publish  and  transmit  to  school  officers  all  general  laws 
relating  to  schools.  In  compliance  with  this  law  this  pamphlet  is  issued 
and  sent  by  mail  to  county  commissioners  of  schools  and  county  officers, 
also  by  freight  to  commissioners  of  schools  in  sufficient  number  for  each 
and  every  school  officer  under  their  jurisdiction.  The  amendments  to  the 
school  law  made  by  the  Legislature  of  1895  were  especially  noticed  in 
the  introductory  preface  to  the  edition  of  that  year.  I  have  found  it 
necessary  to  renumber  some  of  the  chapters  in  the  back  part  of  this 
edition,  but  so  far  as  practicable  have  followed  the  same  general  order 
as  in  former  editions.  The  attention  of  school  officers  is  called  to  the 
amendments  and  additions  to  the  school  laws  made  by  the  Legislature  of 
1897.  They  are  as  follows: 

1.  Amendment  to  section  22  of  chapter  III,  requiring  in  city  census 
list,  the  street  number  of  pupils  and  name  of  parent  or  guardian. 

2.  Addition  of  chapter  XI,  providing  for  the  publication  of  financial 
statement  by  the  school  board  of  graded  districts. 

3.  Addition  of  chapter  XIX,  fixing  the  relation  of  existing  normal 
schools. 

4.  Amendments  to  chapter  XXIII,  providing  a  penalty  for  truancy. 

5.  Addition  of  chapter  XXV,  providing  a  uniform  series  of  text- 
books. 

6.  Addition  of  chapter  XXXIII,  making  it  the  duty  of  the  Superin- 
tendent of  Public  Instruction  to  provide  a  Course  of  Study  for  admission 
to  the  Agricultural  College. 

The  digest  of  Supreme  Court  decisions  embodied  in  Appendix  A  has 
been  brought  up  to  date,  and  the  index  carefully  revised.  I  have  also 
added  certain  forms  in  Appendix  B  to  aid  school  officers  in  the  enforce- 
ment of  the  compulsory  law. 

JASON  E.  HAMMOND, 
Superintendent  of  Public  Instruction. 


SCHOOL   LAWS   OF   MICHIGAN, 


CONSTITUTIONAL,   PROVISIONS. 


ARTICLE   VIII. 

STATE  OFFICERS. 

SECTION  1.     There  shall  be  elected  at  each  biennial  election,  state  officers 
a  Secretary  of  State,  a  Superintendent  of  Public  Instruction, to  be  elected. 
a  State  Treasurer,  Commissioner  of  the  Land  Office,  an  Auditor 
General,  and  an  Attorney  General,  for  the  term  of  two  years. 
They  shall  keep  their  offices  at  the  seat  of  government,  and  where  to  keep 
shall  perform  such  duties  as  may  be  prescribed  by  law.  offices. 

SEC.  2.     Their  term  of  office  shall  commence  on  the  first  day  Term  of  office 
of  January,  one  thousand  eight  hundred  and  fifty-three,  and  of 
every  second  year  thereafter. 

SEC.  3.     Whenever  a  vacancy  shall  occur  in  any  of  the  State  vacancy,  how 
offices,  the  Governor  shall  fill  the  same  by  appointment,  by  and  fllled- 
with  the  advice  and  consent  of  the  Senate,  if  in  session. 

ARTICLE   XIII. 
EDUCATION. 

SECTION  1.     The  Superintendent  of  Public  Instruction  shall  Duties  of 
have  the  general  supervision  of  public  instruction,  and  his  superintendent 

j     ,.  i      ii  i  -1-111  of  public  m- 

duties  shall  be  prescribed  by  law.  struction. 

SEC.  2.     The  proceeds  from  the  sales  of  all  lands  that  have  school  fund, 
been  or  hereafter  may  be  granted  by  the  United  States  to  the 
State  for  educational  purposes,  and  the  proceeds  of  all  lands 


GENERAL  SCHOOL  LAWS. 


Escheats. 


Free  schools. 


Instruction 
conducted  in 
English  Ian- 


District 
schools. 

When  de- 
prived of  pub- 
lic money. 


Election  of 
regents  of  the 
university. 


or  other  property  given  by  individuals  or  appropriated  by  the 
State  for  like  purposes,  shall  be  and  remain  a  perpetual  fund, 
the  interest  and  income  of  which,  together  with  the  rents  of 
all  such  lands  as  may  remain  unsold,  shall  be  inviolably  appro- 
priated and  annually  applied  to  the  specific  objects  of  the 
original  gift,  grant,  or  appropriation. 

SEC.  3.  All  lands,  the  titles  to  which  shall  fail  from  a  defect 
of  heirs,  shall  escheat  to  the  State;  and  the  interest  on  the 
clear  proceeds  from  the  sales  thereof  shall  be  appropriated 
exclusively  to  the  support  of  primary  schools. 

SEC.  4.  The  Legislature  shall,  within  five  years  from  the 
adoption  of  this  constitution,  provide  for  and  establish  a  sys- 
tem of  primary  schools,  whereby  a  school  shall  be  kept  with- 
out charge  for  tuition,  at  least  three  months  in  each  year,  in 
every  school  district  in  the  State;  and  all  instruction  in  said 
schools  shall  be  conducted  in  the  English  language. 

SEC.  5.  A  school  shall  be  maintained  in  each  school  district 
at  least  three  months  in  each  year.  Any  school  district  neg- 
lecting to  maintain  such  school  shall  be  deprived  for  the  ensu- 
ing year  of  its  proportion  of  the  income  of  the  primary  school 
fund,  and  of  all  funds  arising  from  taxes  for  the  support  of 
schools. 

'SEC.  6.  There  shall  be  elected  in  the  year  eighteen  hundred 
and  sixty-three,  at  the  time  of  the  election  of  a  Justice  of  the 
Supreme  Court,  eight  Regents  of  the  University,  two  of  whom 
shall  hold  their  office  for  two  years,  two  for  four  years,  two 
for  six  years,  and  two  for  eight  years.  They  shall  enter  upon 
the  duties  of  their  office  on  the  first  of  January  next  succeed- 
ing their  election.  At  every  regular  election  of  a  justice  of 
the  Supreme  Court  thereafter,  there  shall  be  elected  two 
Regents,  whose  terms  of  office  shall  be  eight  years.  When  a 
vacancy  shall  occur  in  the  office  of  Regent,  it  shall  be  filled  by 
appointment  of  the  Governor.  The  Regents  thus  elected  shall 
constitute  the  Board  of  Regents  of  the  University  of  Michigan. 

SEC.  7.  The  Regents  of  the  University,  and  their  successors 
in  office,  shall  continue  to  constitute  the  body  corporate  known 
by  the  name  and  title  of  "  The  Regents  of  the  University  of 
Michigan." 

SEC.  8.  The  Regents  of  the  University  shall,  at  their  first 
annual  meeting,  or  as  soon  thereafter  as  may  be,  elect  a  presi- 
dent of  the  University,  who  shall  be  ex  officio  a  member  of 
their  board,  with  the  privilege  of  speaking,  but  not  of  voting. 
He  shall  preside  at  the  meetings  of  the  Regents,  and  be  the 
principal  executive  officer  of  the  University.  The  Board  of 
Regents  shall  have  the  general  supervision  of  the  University, 
and  the  direction  and  control  of  all  expenditures  from  the 
University  interest  fund. 

SEC.  9.  There  shall  be  elected  at  the  general  election  in  the 
year  one  thousand  eight  hundred  and  fifty-two,  three  members 
of  the  State  Board  of  Education;  one  for  two  years,  one  for 


Vacancy,  how 
filled. 


Regents  a 
body  corporate. 


President  of 
the  university. 


University 
interest  fund. 


State  board  of 
education. 


GENERAL  SCHOOL  LAWS.  9 


four  years,  and  one  for  six  years;  and  at  each  succeeding  bien- 
nial election  there  shall  be  elected  one  member  of  such  board, 
who  shall  hold  his  office  for  six  years.    The  Superintendent  of  Superintend- 
Public  Instruction  shall  be  ex  offitio  a  member  and  secretary  f^Sc^Sm^ 
of  such  board.    The  board  shall  have  the  general  supervision  member. 
of   the  State  Normal  School,  and  their  duties  shall  be  pre-  careofnor- 
scribed  by  law. 

SEC.  10.     Institutions  for  the  benefit  of  those  inhabitants  Asylums. 
who  are  deaf,  dumb,  blind,  or  insane,  shall  always  be  fostered 
and  supported. 

SEC.  11.  The  Legislature  shall  encourage  the  promotion  of  Agricultural 
intellectual,  scientific,  and  agricultural  improvement;  and  sc 
shall,  as  soon  as  practicable,  provide  for  the  establishment  of 
an  agricultural  school.  The  Legislature  may  appropriate  the 
twenty-two  sections  of  salt  spring  lands  now  unappropriated, 
or  the  money  arising  from  the  sale  of  the  same,  where  such 
lands  have  already  been  sold,  and  any  land  which  may  here- 
after be  granted  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  such  school,  and  may  make  the 
same  a  branch  of  the  University,  for  instruction  in  agriculture 
and  the  natural  sciences  connected  therewith,  and  place  the 
same  under  the  supervision  of  the  Kegents  of  the  University. 

SEC.  12.     The  Legislature  shall  also"  provide  for  the  estab-  Libraries, 
lishment  of  at  least  one  library  in  each  township  and  city; 
and  all  fines  assessed  and  collected  in  the  several  counties  and 
townships  for  any  breach  of  the  penal  laws,  shall  be  exclu-  Penal  fines  to 
sively  applied  to  the  support  of  such  libraries,  unless  other-  {Xr^S*1  f 
wise  ordered  by  the  township  board  of  any  township  or  the 
board  of  'education  of  any  city :     Provided,    That  in  no  case  Proviso, 
shall  such  fines  be  used  for    other    than    library    or    school 
purposes. 

ARTICLE   XIV. 

FINANCE   AND   TAXATION. 

• 

SECTION  1.     All  specific  State  taxes,  except  those  received  Specific  taxes, 
from  the  mining  companies  of  the  upper  peninsula,  shall  be 
applied  in  paying  the  interest  upon  the  primary  school,  uni- 
versity, and  other  educational  funds,    and    the    interest  and 
principal  of  the  State  debt,  in  ttie  order  herein  recited,  until 
the  extinguishment  of  the  State  debt,  other  than  the  amounts 
due  to  educational  funds,  when  such  specific  taxes  shall  be 
added  to  and  constitute  a  part  of  the  primary  school  interest 
fund.    The  Legislature  shall  provide  for  an  annual  tax,  suf- Tax  for  state 
ficent  with  other  resources,  to  pay  the  estimated  expenses  of 
the  State  government,  the  interest  of  the  State  debt,  and  such 
deficiency  as  may  occur  in  the  resources. 
2 


10 


GENERAL  SCHOOL  LAWS. 


STATUTORY   PROVISIONS. 


Act  No.  164,  Laws  of  1881,  as  amended  by  Session  Laws  of  1883-85-87-89-93-95. 

CHAPTER  I. 


Powers  and 
duties  of. 


To  make  an- 
nual report. 


Contents  of. 


Deputy  super- 
intendent. 


Duties  of. 


THE   SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

(§1.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  the  Superintendent  of  Public  Instruction  shall  have  gen- 
eral supervision  of  public  instruction  and  of  all  State  institu- 
tions, other  than  the  University,  that  are  essentially  educa- 
tional in  their  character;  and  it  shall  be  his  duty  among  other 
things,  to  visit  the  University,  the  Agricultural  College,  the 
Institution  for  the  Deaf  and  Dumb,  the  School  for  the  Blind, 
the  Industrial  School  for  Boys,  the  Industrial  School  for  Girls, 
and  the  Public  School  for  Dependent  and  Neglected  Children, 
and  to  meet  with  the  governing  boards  of  each  of  said  institu- 
tions at  least  once  in  each  year.  He  shall  also  prepare  annu- 
ally and  transmit  to  the  Governor,  to  be  by  him  transmitted 
to  the  Legislature  at  each  biennial  session  thereof,  a  report 
containing : 

First,  A  statement  of  the  condition  of  the  University  and  of 
each  of  the  several  State  educational  institutions,  all  incor- 
porated institutions  of  learning,  and  the  primary,  graded,  and 
high  schools; 

Second,  Estimates  and  amounts  of  expenditures  of  all  educa- 
tional funds; 

Third,  Plans  for  the  management  of  all  educational  funds, 
and  for  the  better  organization  of  the  educational  system,  if 
in  his  opinion  the  same  be  required; 

Fourth,  The  annual  reports  and  accompanying  documents, 
so  far  as  he  shall  deem  the  same  of  sufficient  public  interest, 
of  all  State  institutions  of  educational  character; 

Fifth,  Abstracts  of  the  annual  reports  of  the  school  inspect- 
ors of  the  several  townships  and  cities  of  the  State; 

Sixth,  All  such  other  matter  relating  to  his  office  and  the 
subject  of  education  generally,  as  he  shall  deem  expedient  to 
communicate. 

(§2.)  SEC.  2.  He  may  appoint  a  deputy  superintendent  of 
public  instruction  and  revoke  such  appointment  in  his  dis- 
cretion, and  such  deputy  shall  take  the  constitutional  oath  of 
office  which,  with  his  appointment,  shall  be  filed  with  the 
Secretary  of  State.  Said  deputy  may  execute  the  duties  of  the 
office  in  case  of  a  vacancy  or  the  absence  of  the  Superin- 
tendent. 

(§3.)  SEC.  3.  The  Superintendent  of  Public  Instruction 
shall  compile  and  cause  to  be  printed  all  general  laws  relating; 


GENERAL  SCHOOL  LAWS.  11 


to  schools,  together  with  all  necessary  forms,  regulations,  and  school  laws  to 
instructions  for  conducting  all  proceedings  under  said  laws,  and  published 
or  relative  to  the  organization  and  government  of  the  schools,  ^jjn  £<>rms' 
including  rules  and  regulations  for  the  management  of  town- e 
ship  and  district  libraries,  and  shall  transmit  the  same  to  the 
several  officers  entrusted  with  the  care  and  management  of 
said  schools. 

(§4.)     SEC.  4.     He  shall  semi-annually,  on  receiving  notice  Apportion- 
from    the    Auditor    General    of    the    amounts    thereof,    and  ™]£j  ^hoo'i 
between  the  first  and  tenth  days  of  May  and  November,  appor-  fund,  etc. 
tion  the  primary  school  interest  fund  among  the  several  town- 
ships and  cities  of  the  State,  in  proportion  to  the  number  of 
children  in  each  between  the  ages  of  five  and  twenty  years,  see  App.  A, 
as  the  same  shall  appear  by  the  reports  of  the  several  boards  154 
of  school  inspectors  made  to  him  for  the  school  year  closing 
prior  to  the  May  apportionment,  and  shall  prepare  a  statement 
of  the  amount  in  the  aggregate  payable  to  each  county,  and 
shall  deliever  the  same  to  the  Auditor  General,  who  shall  there- 
upon draw  his  warrant  upon  the  State  Treasurer  in  favor  of 
the  treasurer  of  each  county  for  the  amount  payable  to  each 
county.    He  shall  also  send  written  notices  to  the  clerks  of  the  Notice  to 
several  counties  of  the  amount  in  the  aggregate  to  be  dis-  0?  amount?8 
bursed  in  their  respective  counties,  and  the  amount  payable  disbursed, 
to  the  townships  and  cities  therein  respectively. 

(§5.)     SEC.  5.     Whenever  the  returns  from  any  county,  town-  proceedings 
ship,  city,  or  district,  upon  which  a  statement  of  the  amount  g^J  ^.de" 
to  be  disbursed  or  paid  to  any  such  county,  township,  city  or  turns, 
district  shall  be  so  far  defective  as  to  render  it  impracticable 
to  ascertain  the  share  of  primary  school  interest  fund  which 
ought  to  be  disbursed  or  paid  to    such  county,  township,  city, 
or  district,  he  shall  ascertain  by  the  best  evidence  in  his  power 
the  facts  upon  which  the  ratio  of  such  apportionment  shall 
depend,  and  shall  make  the  apportionment  accordingly. 

(§6.)  SEC.  6.  Whenever  any  county,  township,  city,  or  dis- 
trict,  through  failure  or  error  in  making  the  proper  report, 
shall  fail  to  receive  its  share  of  the  primary  school  interest  the  next  year, 
fund,  the  Superintendent  of  Public  Instruction,  upon  satis- 
factory proof  that  said  county,  township,  city,  or  district  was 
justly  entitled  to  the  same,  shall  apportion  such  deficiency  in 
his  next  apportionment;  and  whenever  it  shall  appear  to  the 
satisfaction  of  said  Superintendent  that  any  district  has  had 
*three  months'  school  but  failed  to  have  the  full  time  of  school 
required  by  law,  through  no  fault  or  negligence  of  the  district 
or  its  officers,  he  may  include  such  district  in  his  apportion- 
ment of  the  primary  school  interest  fund  in  his  discretion. 

(§7.)     SEC.  7.     The    Superintendent   of    Public    Instruction  other  duties 
shall  perform  such  other  duties  as  are  or  shall  be  required  of  fendent.in 
him  by  law,  and  at  the  expiration  of  his  term  of  office  deliver 
to  his  successor  all  property,  books,  documents,  maps,  records, 

*See  H"ll,  §27. 


12 


GENERAL  SCHOOL  LAWS. 


reports,  and  all  other  papers  belonging  to  his  office  or  which 
may  have  been  received  by  him  for  the  use  of  his  office. 


CHAPTER  II. 


FORMATION,   ALTERATION,    MEETINGS,  AND    POWERS    OF   DISTRICTS. 


Inspectors  to 
form  districts. 


May  alter 
boundaries  of. 

See  App.  A. 

148. 


Township 
clerk  to  de- 
liver notice  of 
formation  to 
inhabitant. 

See  App.  B., 
forms  1,  2,  3. 


Inhabitant  to 
serve  notice  of 
first  meeting. 

See  §  139. 


Return  of 
notice. 


Notice  and 
return  to  be 
recorded. 


Proceedings 
in  case  of  fail- 
ure to  organ- 
ize district. 


Formation  of 

fractional 

districts. 


(§8.)  SECTION  1.  The  township  board  of  school  inspectors 
shall  divide  the  township  into,  such  number  of  school  districts 
as  may  from  time  to  time  be  necessary,  which  districts  they 
shall  number;  and  they  may  regulate  and  alter  the  boundaries 
of  the  same  as  circumstances  shall  render  proper,  subject  to 
the  provisions  hereinafter  made:  but  no  district  shall  contain 
more  than  nine  sections  of  land,  and  each  district  shall  be  com- 
posed of  contiguous  territory  and  be  in  as  compact  a  form  as 
may  be. 

(§9.)  SEC.  2.  Whenever  the  board  of  school  inspectors  of 
any  township  shall  form  a  school  district  therein,  it  shall  be 
the  duty  of  the  clerk  of  such  board  to  deliver  to  a  taxable 
inhabitant  of  such  district  a  notice  in  writing  of  the  formation 
of  such  district,  describing  its  boundaries,  and  specifying  the 
time  and  place  of  the  first  meeting,  which  notice,  with  the  fact 
of  such  delivery,  shall  be  entered  upon  record  by  the  clerk. 
The  said  notice  shall  also  direct  such  inhabitant  to  notify  every 
qualified  voter  of  such  district,  either  personally  or  by  leaving 
a  written  notice  at  his  place  of  residence,  of  the  time  and  place 
of  said  meeting,  at  least  five  days  before  the  time  appointed 
therefor;  and  it  shall  be  the  duty  of  such  inhabitant  to  notify 
the  qualified  voters  of  said  district  accordingly,  and  said  inhab- 
itant, when  he  shall  have  notified  the  qualified  voters  as  re- 
quired by  such  notice,  shall  endorse  thereon  a  return  showing 
such  notification  with  the  date  or  dates  thereof,  and  deliver 
such  notice  and  return  to  the  chairman  of  the  meeting,  to  be 
by  him  delivered  to  the  director  chosen  at  such  meeting,  and 
by  said  director  recorded  at  length  as  a  part  of  the  records  of 
such  district. 

(§10.)  SEC.  3.  In  case  the  inhabitants  of  any  district  shall 
fail  to  organize  the  same  in  pursuance  of  such  notice  as  afore- 
said, the  said  clerk  shall  give  a  new  notice  in  the  manner  here- 
inbefore provided,  and  the  same  proceedings  shall  be  had 
thereon  as  if  no  previous  notice  had  been  delivered. 

(§11.)  SEC.  4.  Whenever  it  shall  be  necessary  or  conve- 
nient to  form  a  district  from  two  or  more  adjoining  townships, 
the  inspectors,  or  a  majority  of  them,  of  each  of  such  adjoining 
townships,  may  form  such  district,  to  be  designated  as  a  frac- 
tional district,  and  direct  which  township  clerk  shall  make 
and  deliver  the  notice  of  the  formation  of  the  same  to  a  tax- 
able inhabitant  thereof,  and  may  regulate  and  alter  such  dis- 
trict 'as  circumstances  may  render  necessary  in  the  same  man- 


GENERAL  SCHOOL  LAWS.  13 


ner  that  other  districts  are  altered.     The  annual  reports  of  TO  whom  di- 
the  director  of  such  district  shall  be  made  to  the  inspectors  of  ^Mctshan1 
the  township  in  which  the  schoolhouse  may  be  situated,  and  report, 
the  inspectors  of  such  township  shall  number  said  district. 

(§12.)     SEC.  5.     Every  such  school  district  shall  be  deemed  when  district 
duly  organized  when  any  two  of  the  officers  elected  at 'the  first  f^med  organ- 
meeting  shall  have  filed  their  acceptances  in  writing  with  the 
director,  and  the  same  shall  have  been  recorded  in  the  minutes 
of  such  first  meeting.    Every  school  district  shall,  in  all  cases,  Presumption 
be  presumed  to  have  been  legally  organized,  when  it  shall  have  J^JJ1  organ" 
exercised  the  franchises  and  privileges  of  a  district  for  the 
term  of  two  years;  and  such  school  district  and  its  officers  shall 
be  entitled  to  all  the  rights,  privileges,  and  immunities,  and  see  APP.  A, 
be  subject  to  all  the  duties  and  liabilities  conferred  upon  school  ™25' 29' 39' 47> 
districts  by  law. 

(§13.)    SEC.  6.  The  record  of  the  first  meeting  made  by  the  Director's  rec- 
director  shall  be  prima  facie  evidence  of  the  facts  therein  set  meetLg^o  be 
forth,  and  of  the  legality  of  all  proceedings  in  the  organization  evidence, 
of  the  district  prior  to  the  first  district  meeting;  but  nothing 
in  this  section  contained  shall  be  so  construed  as  to  impair 
the  effect  of  the   record  kept  by  the   school   inspectors,   as 
evidence. 

CORPORATE  POWERS  OF  DISTRICTS. 

(§14.)     SEC.  7.     Every  school  district  organized  in  pursuance  school  dis- 
of  this  chapter,  or  which  has  been  organized  and  continued 
under  any  previous  law  of  the  State  or  territory  of  Michigan,  rate- 
shall  be  a  body  corporate  and  shall  possess  the  usual  powers 
of  a  corporation  for  public  purposes,  by  the  name  and  style 
of  "  School  District  Number  —   -  (such  number  as  shall  be  Name  and 
designated  in  the  formation    thereof   by    the    inspectors),    of  8tyle< 

"  (the  name  of  the  township  or  townships  in  which  the 
district  is  situated),  and  in  that  name  shall  be  capable  of  suing  Powers  of. 
and  being  sued,  of  contracting  and  being  contracted  with, 
and  of  holding  such  real  and  personal  estate  as  is  authorized 
to  be  purchased  by  the  provisions  of  law,  and  of  selling  the 
same. 

ALTERATION    OF    DISTRICTS, 

(§15.)     SEC.  8.     Whenever  the  board    of    school    inspectors  Meetings  of 
shall  contemplate  an  alteration  of  the  boundaries  of  a  dis-  iSfffSsSc 
trict,  the  township  clerk  (and  for  meetings  of  boards  to  act  in 
relation  to  fractional  districts,  clerks  of  the  several  townships 
interested)  shall  give  at  least  ten  days7  notice  of  the  time  and 
place  of  meeting  of  the  inspectors  and  the  alterations  pro- 
posed, by  posting  such  notice  in  three  public  places  in  the  town-  Notice  of. 
ship  or  townships,  one  of  which  notices  shall  be  in  each  of  the  see  APP.  B, 
districts  that  may  be  affected  by  such  alteration.    Whenever  ^Vpp.  Ai 
the  board  of  school  inspectors  of  more  than  one  township  meet,  w  1.  se,  as, 


14 


GENERAL  SCHOOL  LAWS. 


they  shall  elect  one  of  their  number  chairman  and  another  clerk 
thereof. 

(§16.)  SEC.  9.  The  inspectors  may,  in  their  discretion,  de- 
tach the  property  of  any  person  or  persons  from  one  district 
and  attach  it  to  another,  except  that  no  land  which  has  been 
taxed  for  building  a  schoolhouse  shall  be  set  off  into  another 
school  district  for  the  period  of  three  years  thereafter,  except 
by  the  consent  of  the  owner  thereof;  and  no  district  shall  be 
divided  into  two  or  more  districts  without  the  consent  of  a 
majority  of  the  resident  taxpayers  of  said  district,  and  no  two 
or  more  districts  be  consolidated  without  the  consent  of  a 
majority  of  the  resident  taxpayers  of  each  district. 

(§17.)  SEC.  10.  The  inspectors  may  attach  to  a  school  dis- 
trict any  person  residing  in  a  township  and  not  in  any  organ- 
ized district,  at  his  request;  and  for  all  district  purposes  except 
raising  a  tax  for  building  a  schoolhouse,  such  person  shall 
be  considered  as  residing  in  such  district,  but  when  set  off  to 
a  new  district,  no  sum  shall  be  raised  for  such  person  as  his 
proportion  to  the  district  property. 

(§18.)  SEC.  11.  In  all  cases  where  an  alteration  of  the 
boundaries  of  a  school  district  shall  be  made,  the  township 
clerk  shall,  within  ten  days,  deliver  to  the  director  of  each  dis- 
trict affected  by  the  alteration,  a  notice  in  writing  setting 
forth  the  action  of  the  inspectors  and  defining  the  alterations 
that  have  been  made. 


Powers  of 
inspectors  to 
alter  districts. 
See  App.  A, 
11  2,  3,  37,  41, 
42,  43,  45,  98. 


When  consent 
of  taxpayers 
to  be  obtained. 


See  §  110. 


Persons  out  of 
district  may 
be  attached 
thereto  in  cer- 
tain cases. 


Township 
clerk  to  give 
notice  of  alter- 
ation in  dis- 
tricts. 

See  App.  B, 
for     4. 


When  district 
is  divided 
property  to  be 
apportioned. 


See  App.  A,  11 
3,  4,  40,  98,  105 


When  school- 
house  or  site 
is  not  needed, 
may  be  sold. 

See  App.  A,  1 

44. 


Proceeds  of 
sale  to  be  ap- 
portioned. 


How  propor- 
tion to  be 
ascertained. 


DIVISION   OF   PROPERTY. 

(§19.)  SEC.  12.  When  a  new  district  is  formed  in  whole  or 
in  part,  from  one  or  more  districts  possessed  of  a  schoolhouse 
or  entitled  to  other  property,  the  inspectors,  at  the  time  of 
forming  such  new  district  or  as  soon  thereafter  as  may  be, 
shall  ascertain  and  determine  the  amount  justly  due  to  such 
new  district  from  any  district  out  of  which  it  may  have  been 
in  whole  or  in  part  formed,  as  the  proportion  of  such  new  dis- 
trict, of  the  value  of  the  schoolhouse  and  other  property  be- 
longing to  the  former  district,  at  the  time  of  such  division; 
and  whenever  by  the  division  of  any  district,  the  schoolhouse 
or  site  thereof  shall  no  longer  be  conveniently  located  for 
school  purposes  and  shall  not  be  desired  for  use  by  the  new 
district  in  which  it  may  be  situated,  the  school  inspectors  of 
the  township  in  which  such  schoolhouse  and  site  shall  be 
located,  may  advertise  and  sell  the  same,  and  apportion  the 
proceeds  of  such  sale  and  also  any  moneys  belonging  to  the 
district  thus  divided,  among  the  several  districts  erected  in 
whole  or  in  part  from  the  divided  district. 

(§20.)  SEC.  13.  Such  proportion  shall  be  ascertained  and 
determined  according  to  the  value  of  the  taxable  property  of 

(§  19  )  Upon  investieation  we  are  of  the  opinion  that  the  school  inspectors  of  the 
township  have  full  and  absolute  control  over  the  advertisement,  sale,  and  apportion- 
ment of  the  proceeds  among  the  several  districts,  erected  in  whole  or  in  part  there- 
from.-Fan  Riper,  Attorney  General,  July  24,  1882. 


GENERAL  SCHOOL  LAWS.  15 


the  respective  parts  of  such  former  district  at  the  time  of  the 
division,  by  the  best  evidence  in  the  power  of  the  inspectors; 
and  such  amount  of  any  debt  due  from  the  former  district 
which  would  have  been  a  charge  upon  the  new,  had  it 
remained  in  the  former  district,  shall  be  deducted  from  such 
proportion :  Provided,  That  no  real  estate  thus  set  off,  and  Proviso, 
which  shall  not  have  been  taxed  for  the  purchase  or  building 
of  such  schoolhouse,  shall  be  entitled  to  any  portion  thereof, 
nor  be  taken  into  account  in  such  division  of  district  property. 

DISTRICT   MEETINGS. 

(§21.)     SEC.  14.     The  annual  meeting  of  each  school  district  Annual 
shall  be  held  on  the  first  Monday  of  September  in  each  year,  meeting- 
and  the  school  year  shall  commence  on  that  day :    Provided,  school  year. 
That  any  school  district  that  shall  so  determine  at  an  annual 
meeting,  or  at  a  special  meeting  duly  called  for  that  purpose,  Date  of  annual 
may  hold  its  annual  meeting  on  the  second  Monday  of  July  5Jf 
in  each  year,  or  in  the  same  manner  may  thereafter  change 
the   time    of    its    annual    meeting    to    the    first    Monday    in 
September  in  each  year;  and  the  trustees  and  officers  of  the 
district  shall  date  their  terms  of  office  from  the  date  so  chosen 
and  until  their  successors  are  elected  and  qualified:    Provided,  Proviso 
further,   That  such  action  in  either  case  shall  not  change  the 
time  of  the  commencement  of  the  school  year  or  the  taking  of 
the  annual  school  census. 

(§22.)     SEC.  15.  Special  meetings  may  be  called  by  the  dis-  special  meet- 
trict  board ;  and  it  shall  be  the  duty  of  said  board,  or  any  of  ings* 
them,  to  call  such  meetings  on  the  written  request  of  not  less 
than  five  legal  voters  of  the  district,  by  giving  the  notice  See  APP.  B, 
required  in  the  next  succeeding  section;  but  no  special  meet-form8' 
ing  shall  be  called,  unless  the  business  to  be  transacted  may  when  may 
lawfully  come  before  such  meeting,  and  no  business  shall  be  not  be  called- 
transacted  at  a  special  meeting  unless  the  same  be  stated  in  the  Business  of  to 
notice  of  said  meeting.  noticeted  in 

(§23.)     SEC.  16.     All  notices  of  annual  or  special   district  Notice  of 
meetings,  after  the  first  meeting  has  been  held  as  aforesaid,  meetins8- 
shall  specify  the  day  and  hour  and  place  of  meeting,  and  shall  seeAPP.  B, 
be  given  at  least  six  days  previous  to  such  meeting,  by  posting  forms  7' 9- 
up  copies  thereof  in  three  of  the  most  public  places  in  the  dis- 
trict, one  copy  of  which  for  each  meeting  shall  be  posted  at 
the  outer  door  of  the  district  schoolhouse,  if  there  be  one;  and 
in  case  of  any  special  meeting  called  for  the  purpose  of  estab- 
lishing or  changing  the  site  of  a  schoolhouse,  such  notice  shall 
be  given  at  least  ten  days  previous  thereto:    Provided,    That  Duty  of  dis- 
when  any  of  the  district  board  shall  receive  a  request  to  call  a  ^  °^g«  to 
special  meeting,  as  provided  in  the  preceding  section,  he  shall 
forthwith  give    notice    as  above    provided,  of  said  meeting, 
which  shall  be  called  in  not  less  than  six  nor  more  than  twelve 
days  from  the  time  the  said  officer  shall  receive   the   notice 


16 


GENERAL  SCHOOL  LAWS. 


When  annual 
meeting  not 
illegal  for     ' 
want  of  notice. 

Who  are  qual- 
ified voters  at 
district  meet- 
ings. 


Challenging 
voters. 


Oath  to  be 
tendered 
challenged 
voters. 


False  oath 
deemed  per- 
jury. 


Disorderly 
persons  at  dis- 
trict meetings 
to  be  taken 
into  custody. 


aforesaid.  No  annual  meeting  shall  be  deemed  illegal  for  want 
of  due  notice,  unless  it  shall  appear  that  the  omission  to  give 
such  notice  was  wilful  and  fraudulent. 

(§24.)  SEC.  17.  Every  citizen  of  the  age  of  twenty-one  years 
who  has  property  assessed  for  school  taxes  in  any  school  dis- 
trict and  who  has  resided  therein  three  months  next  preceding 
any  school  meeting  held  in  said  district,  or  who  has  resided 
three  months  next  preceding  such  meeting  on  any  territory  be- 
longing to  such  district  at  the  time  of  holding  said  meeting, 
shall  be  a  qualified  voter  in  said  meeting  upon  all  questions, 
and  all  other  citizens  who  are  twenty-one  years  of  age  and  are 
the  parents  or  legal  guardians  of  any  children  included  in  the 
school  census  of  the  district,  and  who  have  for  three  months  as 
aforesaid,  been  residents  of  said  district  or  upon  any  territory 
belonging  thereto  at  the  time  of  holding  any  school  meeting, 
shall  be  entitled  to  vote  on  all  questions  arising  in  said  district 
which  do  not  directly  involve  the  raising  of  money  by  tax. 

(§25.)  SEC.  18.  If  any  person  offering  to  vote  at  a  school  dis- 
trict meeting  shall  be  challenged  as  unqualified,  by  any  legal 
voter  in  such  district,  the  chairman  presiding  at  such  meeting 
shall  declare  to  the  person  challenged,  the  qualifications  of  a 
voter;  and  if  such  person  shall  state  that  he  is  qualified  and 
the  challenge  shall  not  be  withdrawn,  the  chairman  shall  ten- 
der to  him  an  oath  in  substance  as  follows :  "You  do  swear  (or 
affirm)  that  you  are  a  citizen  of  the  United  States,  that  you 
have  been  for  the  last  three  months  an  actual  resident  of 
this  school  district  or  residing  upon  territory  now  attached  to 
this  school  district,  and  that  you  pay  a  school  district  tax 
therein ;"  and  every  person  taking  this  oath  shall  be  permitted 
to  vote  upon  all  questions  proposed  at  such  meetings.  Or  he 
may  take  the  following  oath,  to  wit:  "You  do  swear  (or  affirm) 
that  you  are  a  citizen  of  the  United  States,  that  you  have  been 
for  the  last  three  months  an  actual  resident  of  this  school  dis- 
trict or  residing  upon  territory  now  attached  to  this  school 
district,  and  that  you  are  the  parent  or  legal  guardian  of  one 
or  more  children  now  included  in  the  school  census  of  the 
district;"  and  he  may  vote  upon  all  questions  which  do  not 
directly  involve  the  raising  of  money  by  tax.  If  any  person  so 
challenged  shall  refuse  to  take  such  oath,  his  vote  shall  be 
rejected;  and  any  person  who  shall  wilfully  take  a  false  oath 
or  make  a  false  affirmation,  under  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  perjury.  When  any  question 
is  taken  in  any  other  way  than  by  ballot,  a  challenge  immedi- 
ately after  the  vote  has  been  taken  shall  be  deemed  to  be  made 
when  offering  the  vote  and  treated  in  the  same  manner. 

(§26.)  SEC.  19.  If  at  any  district  meeting  any  person  shall 
conduct  himself  in  a  disorderly  manner  and,  after  notice  from 
the  moderator  or  person  presiding,  shall  persist  therein,  the 
moderator  or  person  presiding  may  order  him  to  withdraw 
from  the  meeting,  and  on  his  refusal,  may  order  any  constable. 


GENERAL  SCHOOL  LAWS.  17 

or  other  person  or  persons,  to  take  him  into  custody  until  the 
meeting  shall  be  adjourned;  and  any  person  who  s,hall  refuse  Penalty  for 
to  withdraw  from  such  meeting  on  'being  so  ordered  as  herein 
provided,  and  also  any  person  who  shall  wilfully  disturb  such 
meeting  by  rude  and  indecent  behavior,  or  by  profane  or  inde- 
cent discourse,  or  in  any  other  way  make  such  disturbance 
shall,  on  conviction  thereof,  be  punished  by  a  fine  not  less 
than  two  nor  more  than  fifty  dollars,  or  by  imprisonment  in 
the  county  jail  not  exceeding  thirty  days;  and  any  justice  of  \vho»haii 
the  peace,  recorder,  or  police  justice  of  the  township,  ward, 
or  city  where  such  offense  shall  be  committed,  shall  have 
jurisdiction  to  try  and  determine  the  same. 

(§27.)     SEC.  20.    The  qualified  voters  in  any  school  district  Powers  of 
when  lawfully  assembled  at  the  first  and  at  each  annual  meet- 
ing,  or  at  any  adjournment  thereof,  or  at  any  special  meeting 
lawfully  called,   except  as  hereinafter  provided,  shall  have 
power  : 

First,  At  the  first  meeting  and  at  any  meeting  after  the  TO  appoint 
organization  of  the  district,  in  the  absence  of  the  moderator,  oSra.ary 
to  appoint  a  chairman  for  the  time  being,  and  in  the  absence  of 
the  director  to  appoint  some  person  to  act  in  his  stead,  who 
shall  keep  a  minute  of  the  proceedings  of  such  meeting  and 
certify  the  same  to  the  director,  to  be  by  him  entered  in  the  rec- 
ords of  the  district; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  require;  May  adjourn. 

Third,  To  elect  district  officers  as  hereinafter  provided;  TO  elect  offi- 

Fourth,  To  designate,  as  hereinafter  provided,  a  site  or  such  ««j-ss  28  107 
number  of  sites  as  may  be  desired  for  schoolhouses,  and  to  TO  designate' 
change  the  same  when  necessary  ;  housed  8< 


Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites,  loVireot  Pur- 
lawf  ully  determined  upon,  the  building,  hiring  or  purchasing  chase,  etc.,  of 
of  a  choolhouse  or  houses,  or  the  enlarging  of  a  site  or  sites 
previously  established  ; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient,  TO  vote  tax 
to  purchase  or  lease  a  site  or  sites,  or  to  build,  hire,  or  pur-  e?c.buildingl 
chase  a  schoolhouse  or  houses  ;  but  the  amount  of  taxes  to  be  Limit  of  tax. 
raised  in  any  district  for  the  purpose  of  purchasing  or  build- 
ing a  schoolhouse  or  houses  in  the  same  year  that  any  bonded 
indebtedness  is  incurred,  shall  not  exceed  In  districts  contain-  See  §  ?s. 
ing  less  than  ten  children  between  the  ages  of  five  and  twenty 
years,  two  hundred  fifty  dollars;  in  districts  having  between 
ten  and  thirty  children  of  like  age,  it  shall  not  exceed  five  hun- 
dred dollars;  and  in  districts  having  between  thirty  and  fifty 
children  of  like  age,  it  shall  not  exceed  one  thousand  dollars. 
No  legal  subdivisions  [subdivision]  of  land  shall  be  taxed  for  when  land 
building  a  schoolhouse,  unless  some  portion  thereof  shall  be  not  taxable 
within  two  and  one-half  miles  of  said  schoolhouse  site; 

(§27,  ITelght.)  All  sales  thus  made  shall  be  In  the  corporate  name  of  the  school  dis- 
trict, as  provided  in  Section  7,  Chapter  2,  of  said  Act  164,  while  the  deed  or  deeds  of 
the  conveyance  of  lands  sold  as  above  provided  shall  be  executed  by  the  district 
board  iu  their  official  capacity,  but  in  the  name  of  such  district.—  Fan  Riper,  Attu. 
Gen.,  July  24,  1888. 

3 


18 


GENERAL  SCHOOL  LAWS, 


To  vote  tax  for 
certain  pur- 
poses. 

See  App.  A, 
1197,  101. 


Limit  of  tax. 


To  direct  sale 
of  certain 
property. 

Direct  in  re- 
gard to  suits. 


May  appoint 
building  com- 
mittee. 


At  annual 
meeting  to 
determine 
limit  of 
school. 


Forfeiture  of 
public  moneys. 


When  dis- 
trict board  to 
determine 
length  of 
school. 


May  appropri- 
ate surplus 
mill  tax  to 
certain  pur- 
poses. 


Seventh,  To  impose  such  tax  as  shall  be  necessary  to.  keep 
their  schoolhouse  or  houses  in  repair,  and  to  provide  the  neces- 
sary appendages  and  school  apparatus,  and  in  districts  having 
district  libraries,  for  the  support  of  the  same,  and  to  pay  and 
discharge  any  debts  or  liabilities  of  the  district  lawfully  incur- 
red, and  also  to  pay  for  the  services  of  any  district  officer. 
The  tax  herein  authorized  to  be  voted  shall  not  exceed  one- 
half  the  amount  which  the  district  is  authorized  to  raise  for 
building  schoolhouses; 

Eighth,  To  authorize  and  direct  the  sale  of  any  schoolhouse, 
site,  building,  or  other  property  belonging  to  the  district,  when 
the  same  shall  no  longer  be  needed  for  the  use  of  the  district; 

Ninth,  To  give  such  directions  and  make  such  provisions  as 
they  shall  deem  necessary  in  relation  to  the  prosecution  or 
defense  of  any  suit  or  proceeding  in  which  the  district  may  be 
a  party,  or  interested; 

Tenth,  To  appoint,  as  in  their  discretion  it  may  be  necessary, 
a  building  committee  to  perform  such  duties  in  supervising 
the  work  of  building  a  schoolhouse,  as  they  by  vote  may  direct ; 

Eleventh,  At  the  first  and  the  annual  meeting  only,  to  deter- 
mine the  length  of  time  a  school  shall  be  taught  in  their  dis- 
trict during  the  ensuing  year,  which  shall  not  be  less  than  nine 
months  in  districts  having  eight  hundred  children  over  five 
and  under  twenty  years  of  age,  and  not  less  than  five  months 
in  all  other  districts,  on  pain  of  forfeiture  of  their  share  of  the 
primary  school  interest  fund;  but  in  case  such  matters  shall 
not  be  determined  at  the  first  annual  meeting,  the  district 
board  shall  determine  the  same;  and  in  case  the  district  fails 
to  vote  for  at  least  the  minimum  length  required  herein,  the 
district  board  shall  make  provisions  for  said  minimum  length 
of  school; 

Twelfth,  To  appropriate  any  surplus  moneys  arising  from 
the  one-mill  tax,  after  having  maintained  a  school  in  the  dis- 
trict at  least  eight  months  in  the  school  year,  for  the  purpose 
of  purchasing  and  enlarging  school  sites,  or  for  building  or 
repairing  schoolhouses,  or  for  purchasing  books  for  library, 
globes,  maps,  and  other  school  apparatus,  or  for  any  incidental 
expenses  of  the  school. 


CHAPTER  III. 


DISTRICT   BOARD   AND   OFFICERS. 


Election  of 
district  offi- 
cers. 

See  App.  A, 
TT  151,  152. 
See  §§  140,  147. 
See  App.  A, 
T49. 


(§28.)  SECTION  1.  At  the  first  meeting  in  each  school  dis- 
trict there  shall  be  elected  by  ballot  a  moderator  for  the  term 
of  three  years,  a  director  for  two  years,  and  an  assessor  for  one 
year;  and  on  the  expiration  of  their  respective  terms  of  office, 
regularty  thereafter  at  the  annual  meetings,  their  several 


(§28.)  School  district  officers  cannot  be  elected  by  a  bare  plurality  vote.  In  electing 
officers  th«  school  district  acts  in  its  corporate  capacity,  and  no  corporate  action  can 
be  had  without  the  concurrence  of  the  majority.—  Kirchner,  Atty.  Gen.,  July  18,  1877. 


GENERAL  SCHOOL  LAWS.  19 

successors  shall  be  elected  in  like  manner  for  a  term  of  three 

years  each.     The  time  intervening  between  the  first  meeting  Term  of  office. 

in  any  school  district  and  the  first  annual  meeting  thereafter 

shall  be  reckoned  as  one  year. 

(§29.)    SEC.  2.    A  school  district  office  shall  become  vacant  when  district 
upon  the  occurrence  of  any  of  the  following  events:  b£££e8ha11 

First,  The  death  of  the  incumbent;  vacant. 

Second,  His  resignation; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by  a 
competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to  give 
or  renew  any  official  bond,  according  to  law. 

(§30.)     SEC.  3.     In  case    any    one    of    the    district  offices  vacancies  in 
becomes  vacant,  the  two  remaining  officers  shall  immediately  Sued! hc 
fill  such  vacancy ;  or  in  case  two  of  the  offices  become  vacant, 
the  remaining  officer  shall  immediately  call  a  special  meeting 
of  the  district  to  fill  such  vacancies ;  in  case  any  vacancy  is  not  see  APP.  B, 
filled  as  herein  provided,  within  twenty  days  after  it  shall  have  forms  u' 15- 
occurred,  or  in  case  all  the  offices  in  a  district  shall  become 
vacant,  the  board  of  school  inspectors  of  the  township  to  which 
the  annual  reports  of  such  district  are  made  shall  fill  such 
vacancies.    Any  person  elected  or  appointed  to  fill  a  vacancy  Term  of  office 
in  a  district  office  shall  hold  such  office  until  the  next  succeed-  offi*er>ointed 
ing  annual  meeting,  at  which  time  the  voters  of  the  district 
shall  fill  such  office  for  the  unexpired  portion  of  the  term. 

(§31.)    SEC.  4.    Any  qualified  voter  in  a  school  district  who  who  are  eii- 
has  property  liable  to  assessment  for  school  taxes  shall  be  gjjj to  hold 
eligible  to  election  or  appointment  to  office  in  such  school  dis- 
trict, unless  such  person  be  an  alien. 

(§32.)     SEC.  5.     Within    ten    days   after    their    election    or  Acceptances 
appointment,  the  several  officers  of  each  school  district  shall  Semed68*0 
file  with  the  director  written  acceptances  of  the  offices    to 
which  they  have  been  respectively  elected  or  appointed,  and  see  APP.  B. 
such  acceptances  shall  be  entered  in  the  records  of  the  district £orm  5' 
by  said  director. 

(§33.)     SEC.  6.    The  moderator,  director,  and  assessor  shall  District 
constitute  the  district  board.    Meetings  of  the  board  may  be  J^ng^o? 
called  by  any  member  thereof  by  serving  on  the  other  mem-  mfty be  called 
bers  a  written  notice  of  the  time  and  place  of  such  meeting  at 
least  twenty-four  hours  before  such  meeting  is  to  take  place ; 

(§29.)  The  temporary  absence  of  the  assessor  does  not  create  a  vacancy  in  the  office. 
If  his  family  continues  t->  reside  in  the  district  and  he  has  not  actually  removed,  he 
retains  his  residence  and  with  it  his  office.  A  removal  is  necessary;  and  a  temporary 
absence,  his  family  remaining,  is  not  a  removal  and  there  is  no  vacancy.— Fan  River. 
Atty  Qen,  Feb.  8,  1882. 

(§33.)  The  district  board  should  act  together.  It  is  not  necessary  for  valid  official 
action  that  all  the  members  should  be  consulted,  but  opportunity  must  be  given  to  all 
the  members  to  express  their  opinion  and  to  vote  upon  the  Questions  submitted  to 
them.— Ki >chner,  Atty.  Gen.,  Dec.  4,  1877. 

(§33.)  Whenever  a  power  is  vested  in  a  board  for  a  public  purpose,  it  requires  a 
quorum  to  act  and  a  majority  of  that  quorum  to  determine  a  matter  before  it.— 
Kirchner,  Atty.  Gen.,  Apr.  7, 1879. 


20 


GENERAL  SCHOOL   LAWS. 


Necessity  of 
meeting  to 
valid  action 
by  board. 
Quorum  of 
board. 

Board  to  pur- 
chase record 
books,  etc. 


See  App.  A,  f 
103. 


Board  to  pur- 
chase site  and 
build  school- 
house. 

See  App.  A, 

If  114,  124. 
Necessity  of 
title  or  lease 
to  site  betore 
building 
schoolhouse. 


See  App.  B, 
forms  23.  24,  25. 


Board  to  esti- 
mate tax  for 
support  of 
schools. 


Limit  of  tax 
in  certain 
cases. 


When  board 
may  borrow 
money. 


Board  to  re- 
port district 
taxes  to  town- 
ship clerk. 

See  Ai>p.  B, 
form  12. 


and  no  act  authorized  to  be  done  by  the  district  board  shall  be 
valid,  unless  voted  at  a  meeting  of  the  board.  A  majority  of 
the  members  of  the  board  at  a  meeting  thereof  shall  be  neces- 
sary for  the  transaction  of  business. 

(§34.)  SEC.  7.  The  said  district  board  shall  purchase  a 
record  book,  and  such  other  books,  blanks,  and  stationery  as 
may  be  necessary  to  keep  a  record  of  the  proceedings  of  the 
district  meetings  and  of  meetings  of  the  board,  the  accounts  of 
the  assessor,  and  for  doing  the  business  of  the  district  in  an 
orderly  manner. 

(§35.)  SEC.  8.  The  district  board  shall  purchase  or  lease 
in  the  corporate  name  of  the  district,  such  sites  for  school- 
houses  as  shall  have  been  lawfully  designated,  and  shall  buildr 
hire,  or  purchase  such  schoolhouses  as  may  be  necessary,  out 
of  the  fund  provided  for  that  purpose,  and  make  sale  of  any 
site  or  other  property  of  the  district  when  lawfully  directed  by 
the  qualified  voters;  but  no  district  in  any  case  shall  build  a 
stone  or  brick  schoolhouse  upon  any  site  without  having  first 
obtained  a  title  in  fee  to  the  same  or  a  lease  for  ninety-nine 
years ;  nor  shall  any  district  build  a  frame  schoolhouse  on  any 
site  for  which  they  have  not  a  title  in  fee  or  a  lease  for  fifty 
years,  without  securing  the  privilege  of  removing  the  said 
schoolhouse,  when  lawfully  directed  so  to  do  by  the  qualified 
voters  of  the  district  at  any  annual  or  special  meeting  when 
lawfully  convened. 

(§36.)  SEC.  9.  It  shall  be  the  duty  of  the  district  board  to- 
estimate  the  amount  necessary  to  be  raised  in  addition  to 
other  school  funds,  for  the  entire  support  of  such  schools,, 
including  teachers'  wages,  fuel,  and  other  incidental  expenses,. 
and  for  deficiencies  of  the  previous  year  for  such  purposes. 
But  in  districts  having  less  than  thirty  scholars,  such  estimate, 
including  the  district's  share  of  the  primary  school  interest 
fund  and  one-mill  tax,  shall  not  exceed  the  sum  of  fifty  dollars 
a  month  for  the  period  during  which  school  is  held  in  such 
district;  and  when  such  amount  has  been  estimated  and  voted 
by  the  district  board,  it  shall  be  reported  for  assessment  and 
collection,  the  same  as  other  district  taxes.  When  a  tax  has 
been  estimated  and  voted  by  the  district  board  under  the  pro- 
visions of  this  section,  and  is  needed  before  it  can  be  collected, 
the  district  board  may  borrow  to  an  amount  not  exceeding  the 
amount  of  said  tax. 

(§37.)  SEC.  10.  The  district  board  shall,  between  the  first 
and  third  Mondays  in  September  in  each  year,  make  out  and 
deliver  to  the  township  clerk  of  each  township  in  which  any 
part  of  the  district  is  situated,  a  report  in  writing  under  their 
hands  of  all  taxes  voted  by  the  district  during  the  preceding 
year  and  of  all  taxes  which  said  board  is  authorized  to  impose, 
to  be  levied  on  the  taxable  property  of  the  district. 

(§35.)  The  record  of  a  lease  for  a  term  of  years  is  not  essential  to  its  validity,  though 
leases  for  a  longer  term  than  three  years  should  be  recorded,  in  order  to  render  them 
effectual  against  subsequent  purchasers  1n  good  faith  and  for  a  valuable  considera- 
tion. The  non-payment  of  rent  does  not  ipso  facto  terminate  the  lease.— Kirchner, 
Atty  Gen.,  Sept.  26, 1877. 


GENERAL  SCHOOL  LAWS.  21 

(§38.)    SEC.  11.    The  district  board  shall  apply  and  pay  over  Board  to  ap- 
all  school  moneys  belonging  to  the  district,  in  accordance  SdTn0gDto8 a°" 
with  the  provisions  of  law  regulating  the  same ;  and  no  money  law- 
raised  by  district  tax  shall  be  used  for  any  other  purpose 
than  that  for  which  it  was  raised,  without  a  consenting  vote 
of  two-thirds  of  the  tax  paying  voters  of  the  district;  and  no 
moneys  received  from  the  primary  school  interest  fund,  nor 
from  the  one-mill  tax,  except  as  provicjed  by  law,  shall  be 
appropriated  to  any  other  use  than  the  payment  of  teachers' 
wages,  and  no  part  thereof  shall  be  paid  to  any  teacher  who 
shall  not  have  received  a  certificate  of  qualification  from  pro- 
per legal  authority  before  the  commencement  of  his  school. 
No  school  district  shall  apply  any  of  the  moneys  received  by  it  Sectarian 
from  the  primary  school  interest  fund  or  from  any  and  all 
other  sources,  for  the  support  and  maintenance  of  any  school  moneys, 
of  a  sectarian  character,  whether  the  same  be  under  the  con- 
trol of  any  religious  society  or  made  sectarian  by  the  school 
district  board. 

(§39.)    SEC.  12.    Said  board  shall  present  to  the  district,  at  Board  to  make 
each  annual  meeting,  a  report  in  writing  containing  an  accur-  annual  report, 
ate  statement  of  all  moneys  of  the  district  received  by  them, 
or  any    of  them,  during  the   preceding  year,  and  of  the  dis- 
bursements made  by  them,  with  the  items  of  such  receipts 
and  disbursements.     Such  report  shall  also  contain  a  state-  contents  of. 
ment  of  all  taxes  assessed  upon  the  taxable  property  of  the 
district  during  the  preceding  year,  the  purposes  for  which  such 
taxes  were  assessed,  and  the  amount  assessed  for  each  particu- 
lar purpose;  and  said  report  shall  be  entered  by  the  director 
in  the  records  of  the  district. 

(§40.)     SEC.  13.     The  district  board  shall  hire  and  contract  Board  to  hire 
with  such  duly  qualified  teachers  as  may  be  required;  and  all  ^e*c^er8'  B 
contracts  shall  be  in  writing  and  signed  by  a  majority  of  the  forms  2?,' 27.' 
board  on  behalf  of  the  district.     Said  contracts  shall  specify  contracts, 
the  wages  agreed  upon  and  shall  require  the  teacher  to  keep 
a  correct  list  of  the  pupils,  and  the  age  of  each  attending  the  school  register 
school,  and  the  number  of  days  each  pupil  is  present,  and  totobekept- 
furnish  the  director  with  a  correct  copy  of  the  same  at  the  see  §  147. 
close  of  the  school.     Said  contract  shall  be  filed  with  the  contracts  to 
director,  and  a  duplicate  copy  of  the  contract  shall  be  fur-  be  filed> 
nised  to  the  teacher.     No  contract  with  any  person  not  hold-  Teacher  must 
ing  a  legal  certificate  of  qualification  then  authorizing  such 
person  to  teach  shall  be  valid;  and  all  such  contracts  shall 
terminate,  if   the    certificate   shall   expire    by  limitation  andseeApp.  A, 
shall  not  immediately  be  renewed,  or  if  it  shall  be  suspended  JJf ^s,^.90' 91' 
or  revoked  by  proper  legal  authority.    A  school  month  within  school  month 
the  meaning  of  the  school  laws  shall  consist  of  four  weeks  defined- 
of  five  days  in  each  week,  unless  otherwise  specified  in  the 
teacher's  contract. 

(§38.)  I  am  inclined  to  think  that  no  money  raised  by  district  taxes  can  be  used  for 
any  other  purpose  than  that  for  which  it  waa  raised,  unless  by  vote  of  two-thirds  of 
the  tax  paying  voters  of  the  district.  I  think  this  section  must  be  strictly  and  liter- 
ally observed.—  Kirchner,  Aity.  Gen.,  Sept.  26, 1877. 


22 


GENERAL  SCHOOL  LAWS. 


Care  and  use 
of  school- 
house. 


Board  may 
exclude  pub- 
lic meetings 
at  certain 
times. 


Board  to  spec- 
ify studies 
and  prescribe 
text-books. 


Instruction  jn 
physiology, 
and  hygiene 
required. 


Text-books  in 
physiology, 
etc.,  to  be 
approved  by 
state  board  of 
education. 


Purchase  of 
books  for  poor 
children. 


(§41.)  SBC.  14.  The  district  board  shall  have  the  care  and 
custody  of  the  schoolhouse  and  other  property  of  the  district, 
except  so  far  as  the  same  shall  by  vote  of  the  district  be 
specially  confided  to  the  custody  of  the  director,  including 
all  books  purchased  for  the  use  of  indigent  pupils,  and  shall 
open  the  schoolhouse  for  public  meetings,  unless  by  a  vote  at 
a  district  meeting  it  shall  be  determined  otherwise:  Provided, 
That  said  board  may  exclude  such  public  meetings  during 
the  five  school  days  of  each  week  of  any  and  all  school  terms 
or  such  parts  thereof  as  in  their  discretion  they  may  deem  for 
the  best  interests  of  the  schools. 

(§42.)  SEC.  15.  The  district  board  shall  specify  the  studies 
to  be  pursued  in  the  schools  of  the  district  [districts]  and,  in 
addition  to  the  branches  in  which  instruction  is  now  required 
by  law  to  be  given  in  the  public  schools  of  this  State,  instruc- 
tion shall  be  given  in  physiology  and  hygiene  with  a  special 
reference  to  the  nature  of  alcohol  and  narcotics  and  their 
effects  upon  the  human  system.  Such  instruction  shall  be 
given  by  the  aid  of  text-books  in  the  case  of  pupils  who  are 
able  to  read  and  as  thoroughly  as  in  other  studies  pursued  in 
the  same  school.  The  text-books  to  be  used  for  such  instruc- 
tion shall  give  at  least  one-fourth  of  their  space  to  the  con- 
sideration of  the  nature  and  effects  of  alcoholic  drinks  and 
narcotics,  and  the  books  used  in  the  highest  grade  of  graded 
schools  shall  contain  at  least  twenty  pages  of  matter  relating 
to  this  subject.  Text-books  used  in  giving  the  foregoing 
instruction  shall  first  be  approved  by  the  State  Board  of  Edu- 
cation. Each  school  board  making  a  selection  of  text-books 
under  the  provisions  of  this  act  shall  make  a  record  thereof  in 
their  proceedings;  and  text-books  ,once  adopted  under  the 
provisions  of  this  act  shall  not  be  changed  within  five  years, 
except  by  a  consent  of  a  majority  of  the  qualified  voters  of 
the  district  present  at  an  annual  meeting  or  at  a  special 
meeting  called  for  that  purpose.  The  district  board  shall 
require  each  teacher  in  the  public  schools  of  such  district, 
before  placing  the  school  register  in  the  hands  of  the  directors 
[director]  as  provided  in  section  thirteen  of  this  act,  to  cer- 
tify therein  whether  or  not  instruction  has  been  given  in  the 
school  or  grade  presided  over  by  such  teacher  as  required  by 
this  act;  and  it  shall  be  the  duty  of  the  director  of  the  district 
to  file  with  the  township  clerk  a  certified  copy  of  such  certi- 
ficate. Any  school  board  neglecting  or  refusing  to  comply 
with  any  of  the  provisions  of  this  act  shall  be  subject  to  fine 
or  forfeiture,  the  same  as  for  neglect  of  any  other  duty  per- 
taining to  their  office.  This  act  shall  apply  to  all  schools  in 
the  State,  including  schools  in  cities  or  villages,  whether 
incorporated  under  special  charter  or  under  the  general  laws. 

(§43.)  SBC.  16.  The  district  board  may  purchase  at  the 
expense  of  the  district  such  text-books  as  may  be  necessary 
for  the  use  of  children,  when  parents  are  not  able  to  furnish 
the  same;  and  they  shall  include  the  amount  of  such  pur- 


!V  I  VERSITYI 

GENERAL  SCHOOL  LAWS.  23 

chase  in  the  report  to  the  township  clerk  or  clerks,  to  be  levied 
in  like  manner  as  other  district  taxes. 

(§44.)     SEC.  17.    The  district  board  shall  have  the  general  Board  to  es- 
care  of  the  school,  and  shall  make  and  enforce  suitable  rules  f^scL™!68 
and  regulations  for  its  government  and  management  and  for^eeApp.  A, 
the  preservation  of  the  property  of  the  district.     Said  board  May  suspend 
may  authorize  or  order  the  suspension  or  expulsion  from  d 

school,  whenever  in  its  judgment  the  interests  of  the  school 
demand  it,  of  any  pupil  guilty  of  gross  misdemeanor  or  per- 
sistent disobedience.  Any  person  who  shall  disturb  any  Penalty  for 
school  by  rude  and  indecent  behavior,  or  by  profane  or  inde- 
cent  discourse,  or  in  any  other  way  make  such  disturbance, 
shall  on  conviction  thereof  be  punished  by  a  fine  not  less  than 
two  nor  more  than  fifty  dollars  or  by  imprisonment  in  the 
county  jail  not  exceeding  thirty  days. 

(§45.)    SEC.  18.    All  persons  residents  of  any  school  district  Who  can  at- 
and  five  years  of  age  shall  have  an  equal  right  to  attend  any  te 
school  therein,  and  no  separate  school  or  department  shall  be 
kept  for  any  persons  on  account  of  race  or  color:    Provided, 
That  this  shall  not  be  construed  to  prevent  the  grading  of  NO  separate 
schools  according  to  the  intellectual  progress  of  the  pupil,  to 
be  taught  in  separate  places  as  may  be  deemed  expedient.  etc- 

(§46.)     SEC.  19.     The  district  board  may  admit  to  the  dis-  ?  n3App' A' 
trict  school  non-resident  pupils,  and  may  determine  the  rates  Grading  not 
of  tuition  of  such  pupils  and  collect  the  same,  which  tuition  Nonresident 
shall  not  be  greater  than  fifteen  per  cent  more  than  the  aver-  pupils'  tuition, 
age  jcost  per  capita  for  the  number  of  pupils  of  school  age  in  Proviso- 
the  district.     Children  who  are  being  cared  for  at  county 
expense  shall  be  admitted  to  the  school  in  the  district  whose 
schoolhouse  is  nearest  the  county  house,  on  the  same  terms 
that  other  non-resident  pupils  are  admitted.    When  non-resi- 
dent pupils  (their  parents  or  guardians)  pay  a  school  tax  in 
said  district,  such  pupils  shall  be  admitted  to  the  schools  of 
the  district,  and  the  amount  of  such  school  tax  shall  be  cred- 
ited on  their  tuition,  a  sum  not  to  exceed  the  amount  of  such 
tuition,  and  they  shall  only  be  required  to  pay  tuition  for  the 
difference  therein. 

(§47.)     SEC.  20.     It  shall  be  the  duty  of  the  moderator  of  Moderator, 
each  school  district: 

(§44.)  It  is  not  competent  for  the  district  board  to  assume  the  expenses  incurred  in 
the  legal  defense  of  a  teacher  prosecuted  for  an  assault  alleged  to  have  been  made  in 
the  punishment  of  a  pupil,  -Kirchner,  Attorney  General,  Dec.  4,  1877. 

(§45.)  The  domicile  of  any  person  is  the  place  which  he  has  chosen  for  his  perma- 
nent residence.  Sometimes  the  law  makes  a  distinction  between  "residence"  and 
"domicile."  Residence,  contra  distinguished  from  domicile,  is  the  locality  In  which 
a  person  may  reside  for  the  time  being.  But  in  the  case  under  consideration  the  term 
residence  is  used  in  the  sense  of  domicile.  I  have  no  doubt  that  a  person  who  makes 
Flint  his  or  her  home  for  no  other  purpose  than  to  enjoy  school  privileges  and  with 
the  intention  of  removing  to  his  or  her  former  home  after  the  closing  of  the  school,  is 
"not  actually  a  resident  of  said  district."  A  minor  having  parents  living,  partakes  of 
the  domicile  of  his  or  her  parents.  —Kirehner,  Attorney  General,  Jan.  25,  1879. 

(§47.)  The  moderator  should  examine  every  order  before  countersigning  it,  and  if  it 
is  drawn  for  an  improper  purpose  and  with  intent  to  defraud  the  district  or  to  divert 
the  fund  from  its  proper  channel,  he  should  refuse  to  countersign  such  order;  and  the 
courts  will  sustain  him  in  such  action.— Fan  Riper,  Attorney  General,  Feb.  8,  1882. 


24 


GENERAL  SCHOOL  LAWS. 


To  preside. 


To  counter- 
sign warrants 
and  orders. 

See  App.  A, 

11  55,  57. 


To  bring  suit 
on  assessor's 
bond. 


Other  duties. 


First,  To  preside,  when  present,  at  all  meetings  of  the  dis- 
trict and  of  the  board ; 

Second,  To  countersign  all  orders  legally  drawn  by  the  direct- 
or upon  the  assessor  for  moneys  to  be  disbursed  by  the  dis- 
trict, and  all  warrants  of  the  director  upon  the  township  treas- 
urer for  moneys  raised  for  district  purposes  or  apportioned 
to  the  district  by  the  township  clerk; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  assessor's  bond,  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 


DIRECTOR. 


Director. 
To  be  clerk. 


To  keep  and 
record  min- 
utes. 


To  give  notices 
of  meetings. 

See  App.  B, 

forms  7,  9. 


To  draw  and 
sign  warrants 
and  orders. 

See  App.  A, 

11  50,  66. 


See  App.  B. 
forms  10,  11. 

To  draw  and 
sign  contracts. 
See  App.  B, 
form  26. 
To  provide 
appendages 
and  keep 
schoolhouse 
in  repair. 
Proviso. 


See  App.  A, 
TT  99,  101. 


To  keep 
account. 


(§48.)  SEC.  21.  It  shall  be  the  duty  of  the  director  of  each 
school  district: 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the 
district  and  of  the  board ; 

Second,  To  record  the  proceedings  of  all  district  meetings, 
and  the  minutes  of  all  meetings,  orders,  resolutions,  and  other 
proceedings  of  the  board,  in  proper  record  books; 

Third,  To  give  the  prescribed  notice  of  the  annual  district 
meeting,  and  of  all  such  special  meetings  as  he  shall  be 
required  to  give  notice  of  ir  accordance  with  the  provisions 
of  law; 

Fourth,  To  draw  and  sign  warrants  upon  the  township  treas- 
urer for  all  moneys  raised  for  district  purposes  or  apportioned 
to  the  district  by  the  township  clerk,  payable  to  the  assessor  of 
the  district,  and  orders  upon  the  assessor  for  all  moneys  to  be 
disbursed  by  the  district,  and  present  them  to  the  moderator, 
to  be  countersigned  by  that  officer.  Each  order  shall  specify 
the  object  for  which,  and  the  fund  upon  which,  it  is  drawn; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when 
directed  by  the  district  board,  and  present  them  to  the  other 
members  of  the  board  for  further  signature ; 

Sixth,  To  provide  the  necessary  appendages  for  the  school- 
house,  and  keep  the  same  in  good  condition  and  repair  during 
the  time  school  shall  be  taught  therein.  Necessary  appendages 
within  the  meaning  of  law  shall  consist  of  the  following 
articles,  to  wit:  a  set  of  wall  maps  (the  grand  divisions,  the 
United  States,  and  Michigan)  not  exceeding  twelve  dollars  in 
price;  a  globe  not  exceeding  eight  dollars;  a  dictionary  not 
exceeding  ten  dollars;  a  reading  chart  not  exceeding  five  dol- 
lars, and  a  case  for  library  books  not  exceeding  ten  dollars; 
also  looking-glass,  comb,  towel,  water-pail,  cup,  ash-pail,  poker, 
stove-shovel,  broom,  dust-pan,  duster,  wash-basin  and  soap; 

Seventh,  To  keep  an  accurate  account  of  all  expenses 
incurred  by  him  as  director,  and  such  account  shall  be  audited 
by  the  moderator  and  assessor,  and  on  their  written  order 
shall  be  paid  out  of  any  money  provided  for  the  purpose: 


GENERAL  SCHOOL  LAWS.  25 

Eighth,  To  present  at  each  annual  meeting  an  estimate  of  TO  present 
the  expenses  necessary  to  be  incurred  during  the  ensuing  year  l^^sest^ 
by  the  director  as  provided  by  law,  and  for  payment  of  the  annual  meet- 
services  of  any  district  officer; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the  TO  preserve 
school  inspectors,  and  safely  preserve  and    keep    all    books, 
papers,  and  other  documents  belonging  to  the  office  of  director, 
or  to  the  district  when  not  otherwise  provided  for,  and  to 
deliver  the  same  to  his  successor  in  office; 

Tenth,  To  perform  such  other  duties  as  are    or    shall    be  other  duties, 
required  of  the  director  by  law  or  the  district  board. 

SEC.  22.    It  shall  be  the  duty  of  the  director  or  such  other  TO  take  school 
person  as  the  district  board  may  appoint,  within  ten  days  next census- 
previous  to  the  first  Monday  in  September  in  each  year  to  take 
the  census  of  the  district  and  make  a  list  in  writing  of  the 
names,  ages  and  residences  of  all  the  children   between   the 
ages  of  five  and  twenty  years  residing  therein,  and  also  the 
names  and  residences,  giving  street  and  number  in  cities  and 
villages,  of  all  the  parents  or  guardians  of  such  children  and  a 
copy  of  said  list  shall  be  verified  by  the  oath  or  affirmation  of  List  to  be 
the  person  taking  such  census,  by  affidavit  appended  thereto  or  8worn  to 
endorsed  thereon,  setting  forth  that  it  is  a  correct  list  of  the 
names  and  residences  of  all  children  between  the  ages  afore- 
said, residing  in  the  district,  which  affidavit  may  be  made 
before  the  clerk  of  the  township ;  and  said  list  shall  be  returned  List  to  be  aied 
with  the  annual  report  of  the  director  to  the  township  clerk.  S.township 
Children  in  almshouses,  prisons,  or  asylums,  not  otherwise  res-  what  children 
ident  of  the  district  and  not  attending  school  shall  not  be  not  included- 
included  in  said  census;  nor  shall  Indian  children  be  included, 
unless  they  attend  the  school  or  their  parents  are  liable  to  pay 
taxes  therein. 

SEC.  22a.  Any  person  intentionally  giving  to  any  census 
enumerator  of  school  children  any  false  information  as  to  the 
names  or  ages  of  school  children,  or  as  to  the  names  or  resi- 
dence of  the  parents  or  guardian  of  any  school  children  or  any 
enumerator  who  shall  perform  his  duties  carelessly  or  negli- 
gently, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  Penalty  for 
thereof,  be  liable  to  a  fine  of  not  more  than  five  dollars  or  to 
imprisonment  in  the  county  jail  for  not  more  than  five  days,  in 
the  discretion  of  the  court. 

(§50.)     SEC.  23.     The  director  shall  also,  at  the  end  of  the  TO  make  an- 
school  year  and  previous  to  the  second  Monday  in  September 
in  each  year,  deliver  to  the  township  clerk,  to  be  filed  in  his 
office,  a  report  to  the  board  of  school  inspectors  of  the  town- 
ship, showing: 

First,  The  whole  number  of  children  belonging  to  the  dis-  contents  of. 
trict  between  the  ages  of  five  and  twenty  years,  according  to 
the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  under 
five,  and  also  the  number  over  twenty  years  of  age; 
4 


26 


GENERAL  SCHOOL  LAWS. 


Third,  The  number  of  non-resident  pupils  of  the  district  that 
have  attended  school  during  the  year ; 

Fourth,  The  whole  number  that  have  attended  school  during 
the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  during 
the  year  by  a  qualified  teacher,  the  name  of  each  teacher,  the 
length  of  time  taught  by  each,  and  the  wages  paid  to  each ; 

Sixth,  The  average  length  of  time  scholars  between  five  and 
twenty  years  of  age,  have  attended  school  during  the  year; 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk; 

Eighth,  The  amount  of  money  raised  by  the  district,  and  the 
purposes  for  which  it  was  raised; 

Ninth,  The  kind  of  books  used  in  the  school; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  Superintendent 
of  Public  Instruction  shall  direct. 

(§51.)  SEC.  24.  The  director  of  each  fractional  district  shall 
make  his  annual  report  to  the  clerk  of  the  township  in  which 
the  schoolhouse  is  situated,  and  shall  also  report  to  the  clerk 
of  each  township  in  which  the  district  is  in  part  situated,  the 
number  of  children  between  the  ages  of  five  and  twenty  years 
in  that  part  of  the  district  lying  in  such  township. 


Where  di- 
rector of  frac- 
tional district 
to  report. 


ASSESSOR. 


Assessor. 
See  App.  A, 
TT  50,  66. 
To  give  bond. 
See  App.  B, 
form  6. 


Bond  to  be 
approved. 


(§52.)  SEC.  25.  It  shall  be  the  duty  of  assessor  of  each  school 
district : 

First,  To  execute  to  the  district  and  file  with  the  director 
within  ten  days  after  his  election  or  appointment,  a  bond  in 
double  the  amount  of  money  to  come  into  his  hands  as  such 
assessor  during  his  term  of  office,  as  near  as  the  same  can  be 
ascertained,  with  two  sufficient  sureties,  to  be  approved  by 
the  moderator  and  director,  conditioned  for  the  faithful  appli- 
cation of  all  moneys  that  shall  come  into  his  hands  by  virtue 
of  his  office,  and  to  perform  all  the  duties  of  his  said  office  as 

(§52.)  Is  a  district  assessor  justifiable  under  the  iaw  in  refusing  to  pay  an  order 
drawn  for  any  purpose  not  authorize^  by  law,  although  such  order  is  duly  signed  by 
the  director  and  countersigned  by  the  moderator?  Cases  may  ari?e  in  whtch  the 
assessor  is  in  duty  bound  not  to  pay  such  orders.—  Kirchner,  Atty.  Gen.,  May  22,  1880. 

(§52.)  The  sureties  on  a  bond  executed  by  the  assessor  of  a  school  district  are  not 
responsible  for  acts  or  omissions  occurring  beyond  the  period  for  which  the  assessor 
was  elected.  In  case  of  his  re-election  a  new  bond  should  be  given.— Kirchner,  Atty. 
Gen.,  Dec.  4, 1577. 

(§52.)  Mr.  S.  was'  elected  to  the  office  of  assessor  of  a  school  district  and  gave  the 
requisite  bonds.  Since  his  first  election  he  has  been  re-elected  but  has  never  executed 
any  addition  H!  bonds.  He  has  never  been  requested  se  to  do  by  the  moderator  and 
director.  Laterally  the  director  requested  him  to  execute  an  official  bond  and  8.  re- 
plied that  he  could  not  do  so  just  then,  and  thereupon  and  without  any  further  pro- 
ceedings the  district  treated  the  office  of  assessor  as  vacant  and  proceeded  at  once  to 
an  election  to  fill  eaid  supposed  vacancy.  I  am  entirely  clear  that  Mr.  8.  has  not  for- 
feited his  office  and  that  he  is  not  only  justified,  but  it  is  his  duty  not  to  pass  over  any 
of  the  papers  pertaining  to  the  office  or  any  of  the  school  district's  moneys;  but  Mr.  8. 
should  giv^  bonds  at  once.  Both  the  director  and  moderator  were  derelict  in  their 
duty  in  failing  to  require  the  bond  of  the  assessor  at  the  outset.  Aft^r  filing  the  bond 
Mr.  8.  should  continue  to  administer  the  office  of  assessor.— Klrchner,  Atty.  Gen., 
Sept.  18, 1879. 


GENERAL  SCHOOL  LAWS.  27 

required  by  the  provisions  of  this  act.     Said  bond  shall  be  Bond  med 
filed  with  the  director  and,  in  case  of  any  breach  of  the  con-  with  director- 
dition  thereof,  the  moderator  shall  cause  a  suit  to  be  coin-  when  suit  to 
menced  thereon  in  the  name  of  the  district;  and  any  moneys  ?hereonght 
collected  thereon  shall  be  paid  into  the  township  treasury, 
subject  to  the  order  of  the  district  officers,  and  shall  be  applied 
to  the  same  purposes  as  the  moneys  lost  should  have  been 
applied  by  the  assessor; 

Second,  To  pay  all  orders  of   the   director,  when   lawfully  TO  pay  proper 
drawn  and  countersigned  by  the  moderator,  out  of  any  moneys  orders- 
in  his  hands  belonging  to  the  fund  upon  which  such  orders 
may  be  drawn; 

Third,  To  keep  a  book  in  which  all  the  moneys  received  and  TO  keep  rep- 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  persons  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Fourth,  To  present  to  the  district  board  at  the  close  of  the  T«  make  an- 
school  year  a  report  in  writing,  containing  a  statement  of  all  SSJiSt^r1?. 
moneys  received  during  the  preceding  year  and  of  each  item 
of  disbursements  made,  and  exhibit  the  voucher  therefor; 

Fifth,  To  appear  for  and  on  behalf  of  the  district  in  all  suits  TO  appear  for 
brought  by  or  against  the  same,  when  no  other  directions  shall 


be  given  by  the  qualified  voters  in  district  meeting,  except  in  see  APP.  A, 
suits  in  which  he  is  interested  adversely  to  the  district  ;  and  in  "  106'  m 
all  such  cases  the  moderator  shall  appear  for  such  district, 
if  no  other  direction  be  given  as  aforesaid; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the  TO  deliver  to 
district  board,  and  deliver  to  his  successor  in  office  all  books, 
vouchers,  orders,  documents,  and    papers    belonging   to    the  etc- 
office  of  assessor,  together  with  all  district  moneys  remaining 
on  hand; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be  other  duties. 
by  law  required  of  the  assessor. 


CHAPTER  IV. 

TOWNSHIP   OFFICERS. 
TOWNSHIP   BOARD   OF   SCHOOL    INSPECTORS. 

(§53.)    SECTION  1.    The  school  inspectors  of  each  township,  Board  of 
together  with  the  township  clerk,  shall  constitute  the  town-  gpecSrs0 
ship  board  of  school  inspectors.    Said  board  shall  meet  within  see  §§  142,  us. 
twenty  days  after  the  first  Monday  in  April  in  each  year, 
and  elect  one  of  their  number,  other  than  the  township  clerk, 

(§53.)  When  the  inspectors  fail  to  elect  a  chairman  within  twenty  days  after  the 
first  Monday  of  April,  I  am  of  the  opinion  that  the  organization  can  be  perfected 
after  such  date  by  the  election  of  a  chairman,  and  that  failure  to  comply  with  the 
law  referred  to  does  not  preclude  a  legal  organization  thereafter.— Taggart,  Atty. 
Gen.,  May  20,  1886. 


28 


GENERAL  SCHOOL  LAWS. 


chairman  of  said  board,  and  the  township  clerk  shall  be  the 
clerk  thereof. 

(§54.)  SEC.  2.  The  chairman  of  said  board  shall  be  the 
treasurer  thereof,  and  shall  give  bond  to  the  township  in 
double  the  amount  of  moneys  to  come  into  his  hands  during 
his  term  of  office,  as  near  as  the  same  can  be  ascertained,  with 
two  sufficient  sureties,  to  be  approved  by  the  township  clerk, 
conditioned  for  the  faithful  appropriation  of  all  moneys  that 
may  come  into  his  hands  by  virtue  of  his  office.  Said  bond 
shall  be  filed  with  the  township  clerk  and,  in  case  of  the  non- 
fulfillment thereof,  said  clerk  shall  cause  a  suit  to  be  com- 
menced thereon,  and  the  moneys  collected  in  such  suit  shall 
be  paid  into  the  township  treasury  and  shall  be  applied  to  the 
same  purposes  -as  the  moneys  lost  should  have  been  applied 
by  said  treasurer  of  the  board  of  school  inspectors. 

(§55.)  SEC.  3.  On  the  third  Monday  in  September  in  each 
year,  the  inspectors  shall  make  triplicate  reports  setting  forth 
the  whole  number  of  districts  in  their  townships,  and  the 
amount  of  money  raised  and  received  for  township  and  district 
libraries,  and  such  other  items  as  shall  from  year  to  year  be 
required  by  the  Superintendent  of  Public  Instruction,  together 
writh  the  several  particulars  set  forth  in  the  reports  of  the 
school  directors  for  the  preceding  year;  and  the  township 
clerk  shall,  within  ten  days  thereafter,  forward  two  copies  of 
the  same  to  the  secretary  [commissioner]  of  the  county  board 
of  school  examiners,  and  file  the  other  copy  in  his  office. 

(§56.)  SEC.  4.  It  shall  be  the  duty  of  the  school  inspectors, 
before  making  their  annual  report,  as  required  by  the  pre- 
ceding section,  to  examine  the  list  of  legally  qualified  teachers 
on  file  in  the  office  of  the  township  clerk;  and  if  in  any  school 
district  a  school  shall  not  have  been  taught  for  the  time 
required  by  law  during  the  preceding  school  year  by  a  legally 
qualified  teacher,  no  part  of  the  public  money  shall  be  dis- 
tributed to  such  district,  although  the  report  from  *uch  dis- 
trict shall  set  forth  that  a  school  has  been  so  taught;  and  it 
shall  be  the  duty  of  the  board  to  certify  to  the  facts  in  relation 
to  any  such  district  in  their  annual  report. 

(§57.)  SEC.  5.  It  shall  be  the  duty  of  the  board  of  inspectors 
to  render  to  the  township  board,  on  the  Tuesday  next  pre- 
ceding the  annual  township  meeting,  a  full  and  true  account 
of  all  moneys  received  and  disbursed  by  them  as  such  inspect- 
ors during  the  year,  which  account  shall  be  settled  by  said 
township  board  and  such  disbursements  allowed,  if  the  proper 
vouchers  are  presented. 

(§58.)  SEC.  6.  The  whole  number  of  meetings  of  the  town- 
ship board  of  school  inspectors  at  the  expense  of  the  town- 
ship, during  any  one  school  year  shall  not  exceed  eight;  but 
this  shall  not  be  construed  to  prevent  said  board  holding 
further  meetings  in  case  of  necessity,  provided  no  expense  to 
the  township  is  incurred. 


Chairman  of 
board  to  be 
treasurer. 
To  give  bond. 


See  App.  B, 
form  13. 


Bond  to  be 
filed. 

When  suit  to 
be  brought 
thereon. 


Inspectors  to 
make  tripli- 
cate report. 


Contents  of. 


Disposition  of 
reports. 


Inspectors  to 
examine  list 
of  qualified 
teachers. 

To  report  dis- 
tricts not  em- 
ploying such. 


Inspectors  to 
render  ac- 
count to  town 
ship  board. 


Number  of 
meetings  of 
inspectors. 
See  App.  A, 


GENERAL  SCHOOL  LAWS.  29 


TOWNSHIP  CLERK, 

(§59.)    SBC.  7.    The  township  clerk  shall  be  the  clerk  of  the  Township 
board  of  school  inspectors  by  virtue  of  his  office,  and  shall  Jjjjj  o°  £®ard 
attend  all  meetings  of  said  board,  and,  under  their  direction,  of  inspectors. 
prepare  all  their  reports  and  record  the  same,  and  shall  record  Jf®^ P]J4A' 
all  their  proceedings.     He  shall   also  receive  and  keep  all  Duties  as 
reports  to  inspectors  from  the  directors  of  the  several  school 8ucb- 
districts  in  his  township,  and  all  the  books  and  papers  belong- 
ing to  the  inspectors,  and  file  such  papers  in  his  office;  and  he  See  §§  142,  us. 
shall  receive  all  such  communications,  blanks,  and  documents 
as  may  be  transmitted  to  him  by  the  Superintendent  of  Public 
Instruction,  and  dispose  of  the  same  in  the  manner  directed 
by  said  Superintendent. 

(§60.)  SEC.  8.  It  shall  be  the  duty  of  the  township  clerk  TO  notify 
annually,  immediately  after  the  organization  of  the  board  of 
school  inspectors  of  his  township  to  transmit  to  the  county 
clerk  a  certified  statement  of  the  name  and  postoffice  address 
of  the  chairman  of  said  board;  and  in  case  there  shall  be  a 
change  in  such  chairman  during  the  year,  he  shall  immediately 
notify  the  county  clerk  of  such  change. 

(§61.)     SEC.  9.     Each  township  clerk  shall  cause  a  map  to  TO  make  map 
be  made  of  his  township,  showing  by  distinct  lines  thereon  of  districts-     , 
the  boundaries  of  each  school  district  and  parts  of  school 
districts  therein,  and  shall  regularly  number  the  same  thereon 
as  established  by  the  inspectors.    One  copy  of  such  map  shall  where  map  to 
be  filed  by  the  said  clerk  in  his  office,  and  the  other  copy  he  be  filed- 
shall  file  with  the  supervisor  of  the  township;  and  within  one  when  new 
month  after  any  division  or  alteration  of  a  district,  or  the  ™a§eto  be 
organization  of  a  new  one  in  his  township,  the  said  clerk  shall 
file  a  new  map  and  copy  thereof  as  aforesaid  showing  the  same. 

(§62.)    SEC.  10.    It  shall  be  the  duty  of  the  township  clerk  To  report  to 
of  each  township,  on  or  before  the  first  day  of  October  of  each  schoJuwel11 
year,  to  make  and  deliver  to  the  supervisor  of  his  township  a 
certified  copy  of  all  statements  on  file  in  his  office  of  moneys  See  §  146. 
proposed  to  be  raised  by  taxation  in  each  of  the  several  school 
districts  of  the  township  for  school  purposes.    He  shall  also  see  APP.  B, 
certify  to  the  supervisor  the  amount  to  be  assessed  upon  theform22- 
taxable  property  of  any  school  district  retaining  the  district 
schoolhouse  or  other  property,  on  the  division  of  the  district, 
as  the  same  shall  have  been  determined  by  the  inspectors,  and 
he  shall  also  certify  the  same  to  the  director  of  such  district, 
and  to  the  director  of  the  district  entitled  thereto. 

(§63.)    SEC.  11.    On  receiving  notice  from  the  county  treas-  TO  apportion 
urer  of  the  amount  of  school  moneys  apportioned  to  his  town-  JJJS^JSS8 
ship,  the  township  clerk  shall  apportion  the  same  amount  to  county  treas- 
the  several  districts  therein  entitled  to  the  same,  in  proportion  u 
to  the  number  of  children  in  each  between  the  ages  of  five  and 
twenty  years,  as  the  same  shall  be  shown  by  the  annual  report 


30 


GENERAL   SCHOOL   LAWS. 


See  App.  B, 
form  20. 

To  apportion 
school  taxes. 


Statements  to 
township 
treasurer. 
See  App.  B, 
forms  20,  21. 

To  notify  di- 
rectors of 
amount  ap- 
portioned to 
districts. 


of  the  director  of  each  district  for  the  school  year  closing 
prior  to  the  May  apportionment. 

(§64.)  SEC.'  12.  Said  clerk  shall  also  apportion  to  the  school 
districts  in  his  township,  as  required  by  law,  on  receiving 
notice  of  the  amount  from  the  township  treasurer,  all  moneys 
raised  by  township  tax,  or  received  from  other  sources,  for  the 
support  of  schools,  and  in  all  cases  make  out  and  deliver  to  the 
township  treasurer  a  written  statement  of  the  number  of  chil- 
dren in  each  district  drawing  money,  and  the  amount  appor- 
tioned to  each  district,  and  record  the  apportionment  in  his 
office;  and  whenever  an  apportionment  of  the  primary  school 
interest  fund,  or  moneys  raised  by  tax,  or  received  from  other 
sources,  is  made,  he  shall  give  notice  of  the  amount  to  be 
received  by  each  district  to  the  director  thereof. 


TOWNSHIP   SUPERVISOR    AND    TREASURER. 


Assessment 
and  collection 
of  district 
taxes. 


See  §  146. 


Taxes  not 
assessed  at 
proper  time. 


Assessment  of 
one-mill  tax. 


How  applied. 


(§65.)  SEC.  13.  It  shall  be  the  duty  of  the  supervisor  of  the 
township  to  assess  the  taxes  voted  by  every  school  district  in 
his  township,  and  also  all  other  taxes  provided  for  in  this  act, 
chargeable  against  such  district  or  township,  upon  the  taxable 
property  of  the  district  or  township  respectively,  and  to  place 
the  same  on  the  township  assessment  roll  in  the  column  for 
school  taxes,  and  the  same  shall  be  collected  and  returned  by 
the  township  treasurer  in  the  same  manner  and  for  the  same 
compensation  as  township  taxes.  If  any  taxes  provided  for  by 
law  for  school  purposes  shall  fail  to  be  assessed  at  the  proper 
time,  the  same  shall  be  assessed  in  the  succeeding  year. 

(§66.)  SEC.  14.  The  supervisor  shall  also  assess  upon  the 
taxable  property  of  his  township  one  mill  upon  each  dollar  of 
the  valuation  thereof  in  each  year,  and  report  the  aggregate 
valuation  of  each  district  to  the  township  clerk,  who  ^hall 
report  said  amount  to  the  director  of  each  school  district  in 

(§65.)  A  supervisor  in  levying  school  taxes  erroneously  included  a  part  of  the  terri- 
tory of  one  district  in  an  adjoining  district;  and,  when  the  tax  was  collected,  it  was 
paid  to  the  district  in  which  the  supervisor  had  included  the  territory  in  question  and 
not  to  the  district  in  which  the  territory  belonged.  These  proceedings  on  the  part  of 
the  supervisor  were  clearly  illegal,  and  the  collection  thereof  could  have  been  suc- 
cessfully resisted;  or,  if  the  taxes  had  been  paid  under  protest,  the  parties  paying 
could  have  recovered  the  amount  thus  unlawfully  collected.  It  has  been  held  by  the 
Supreme  Court  that  acquiescence  in  and  payment  of  an  illegal  tax,  estops  the  tax- 
payer from  afterwards  complaining  of  it;  but  the  payment  of  an  illeg-il  tax,  if  re- 
fused, cannot  be  enforced— (Wattels  vs.  City  of  Lapeer,  40  Mich.,  626.  The  People  ex 
rel.  Gebhart  vs.  East  Saginaw,  30  Mich.,  336).  The  taxes  thus  illegally  assessed  do  not 
belong  to  either  school  district,  therefore  the  one  cannot  sne  the  other  for  the  r-^cov- 
ery  of  such  taxes  improperly  paid.  It  is  not  the  money  of  the  district  in  whose  hands 
it  now  is,  but  it  is  an  illegal  tax  collected  from  individuals,  paid  voluntarily  and 
without  protpst,  and  therefore  cannot  be  collected  back:  for  the  Supreme  Court  in  the 
case  cited  (40  Mich.,  625)  says:  "If  the  people  taxed  acquiesce  and  pay  these  taxes, 
they  may  not  afterwards  be  heard  to  complain;  but  If  they  refuse,  the  courts  have  no 
power  to  compel  them."— Fan  Riper,  Atty.  Gen.,  July  24,  1882. 

(§65.)  The  only  statute  I  notice  relative  to  the  assessment  of  school  taxes  is  section 
5C90,  Howell's  statutes,  and  subsequent  sections.  They  are  to  be  assessed  upon  the 
taxable  property  of  the  districts  or  township.  I  suppose  the  personal  property  of 
residents  of  the  district,  together  with  the  real  estate  of  each  resident  within  the  dis- 
trict, would  properly  be  taxed  to  each  individual,  notwithstanding  the  fact  that  some 
of  his  personal  property  was  without  the  district  and  within  the  township.  If  the 
personalty  was  without  the  township  and  of  that  character  to  be  assessable  to  an- 
other township  another  rule  would  apply.  I  do  not  think  sections  10  and  11,  Laws  of 
1885,  applicable  to  school  districts,  or  that  they  affect  such  taxes  unless  the  property 
is  in  another  township  from  where  the  party  to  be  assessed  resides.— Tapgart,  Atty. 
Gen. 


GENERAL  SCHOOL  LAWS.  31 

his  township,  or  to  the  director  of  any  fractional  school  dis- 
trict a  portion  of  which  may  be  located  in  said  township, 
before  the  first  day  of  September  of  each  year ;  and  all  money  when  forfeited 
so  raised  shall  be  apportioned  by  the  township  clerk  to  the  dis-  by  district8- 
trict  in  which  it  was  raised;  and  all  money  collected  by  virtue 
of  this  act  during  the  year  on  any  property  not  included  in  any 
organized  district,  or  in  districts  not  having,  during  the  pre- 
vious school  year,*  three  months'  school  in  districts  having  less 
than  thirty  children,  or  five  months  school  in  districtsx  having 
thirty  and  less  than  eight  hundred  children,  or  nine  months' 
school  in  districts  having  eight  hundred  or  more  children,  as 
shown  by  the  last  school  census,  shall  be  apportioned  to  the  HOW  aPPor- 
several  other  school  districts  of  said  township,  in  the  same  tloned-     . 
manner    as     the     primary     school     interest    fund     is     now 
apportioned.     All  moneys  accruing  from  the  one  mill  tax  in  Where  accrued 
any  township,  before  any  district  shall  have  a  legal  school  bSSng8  8ha11 
therein,  shall  belong  to  the  district  in  which  it  was  raised, 
when  they  shall  severally  have  had  a  *  three  months'  school  by 
a  qualified  teacher. 

(§67.)    SEC.  15.    The  amount  to  be  assessed  upon  the  taxable  when  district 
property  of  any  school  district  retaining  the  schoolhouse  or  ££  tLdxeed8cte0r~ 
other  property,  on  the  division  of  a  district  as  the  same  shall  be  assessed. 
have  been  determined  by  the  inspectors,  shall  be  assessed  by 
the  supervisor  in  the  same  manner  as  if  the  same  had  been 
authorized  by  a  vote  of  such  district;    and    the    money    so 
assessed  shall  be  placed  to  the  credit  of  the  taxable  property 
taken  from  the  former  district,  and  shall  be  in  reduction  of  any 
tax  imposed  in  the  new  district  on  said  taxable  "property  for 
school  district  purposes:    Provided,  That  if  the  district  retain-  Proviso, 
ing  the  schoolhouse  shall  vote  to  pay  and  shall  pay,  before  said 
taxes  are  assessed,  any  portion  of  said  amount  to  the  new  dis- 
trict, said  amount,  as  shall  be  certified  by  the  moderator  and 
director  of  the  new  district  to  the  supervisor,  shall  be  deducted 
from  the  amount  to  be  assessed  as  provided  in  this  section. 
When  collected,  such  amount  shall  be  paid  over  to  the  assessor  HOW  such 
of  the  new  district,  to  be  applied  to  the  use  thereof  in  the  same  applied0  be 
manner,  under  the  direction  of  its  proper  officers,  as  if  such 
sum  had  been  voted  and  raised  by  said  district  for  building  a 
schoolhouse  or  other  district  purposes. 

(§68.)     SEC.  16.     The  full  amount  of  all  taxes  to  be  levied  Taxes  in  frac- 
upon  the  taxable  property  in  a  fractional  school  district  shall  tioial  d 
be  certified  by  the  district  board  to  the  township  clerk  of  each 
township  in  which  such  district  is  in  part  situated,  and  by  such 
township  clerks  to  the  supervisors  of  their  respective  town- 
ships, and  it  shall  be  the  duty  of  each  of  said  supervisors  to 
certify  to  each  other  supervisor  interested,  the  amount  of  tax- 
able property  in  that  part  of  the  district  lying  in  his  township: 
Provided,  That  when  there  exists  a  manifest  difference  in  the  Proviso— how 
valuation  of  property  assessed  in  fractional  districts  composed  e(iualized- 
of  territory  in  adjoining  townships  or  counties,  such  valuation 

*See  Ull,  §27. 


32 


GENERAL  SCHOOL  LAWS. 


Statement  to 

township 

treasurer. 


shall  be  equalized  for  this  specific  purpose  by  the  supervisors 
of  the  township  interested,  at  a  joint  meeting  held  for  that 
purpose,  on  application  of  either  of  the  supervisors  of  said 
townships.  And  such  supervisors  shall  respectively  ascertain 
the  proportion  of  such  taxes,  including  mill  tax,  to  be  placed  on 
their  respective  assessment  rolls,  according  to  the  amount  of 
taxable  property  in  each  part  of  such  district.  And  if  said 
supervisors  cannot  agree  as  to  the  proportion  of  such  taxes  to 
be  placed  on  their  respective  assessment  rolls,  a  supervisor 
from  an  adjoining  township  shall  be  called  to  meet  with  said 
supervisors  in  said  fractional  district  and  assist  in  equalizing 
said  valuation,  said  supervisor  to  be  paid  at  the  rate  of  three 
dollars  per  diem  for  the  time  necessarily  employed  in  attend- 
ance at  such  meeting  of  the  supervisors,  and  all  necessary 
traveling  expenses  by  the  townships  in  interest. 

(§69.)  SEC.  17.  The  supervisor,  on  delivery  of  the  warrant 
for  the  collection  of  taxes  to  the  township  treasurer,  shall  also 
deliver  to  said  treasurer,  a  written  statement  of  the  amount 
of  school  and  library  taxes,  the  amount  raised  for  district  pur- 
poses on  the  taxable  property  of  each  district  in  the  township, 
the  amount  belonging  to  any  new  district  on  the  division  of  the 
former  district,  and  the  names  of  all  persons  having  judgments 
assessed  under  the  provisions  of  this  act  upon  the  taxable 
property  of  any  district}  with  the  amount  payable  to  such  per- 
son on  account  thereof. 

(§70.)  SEC.  18.  The  supervisor  of  each  township  on  the 
delivery  of  the  warrant  for  the  collection  of  taxes  to  the  town- 
ship treasurer,  shall  also  deliver  to  said  treasurer  a  written 
statement  certified  by  him  of  the  amount  of  the  one-mill  tax 
levied  upon  any  property  lying  within  the  bounds  of  a  frac- 
tional school  district,  a  part  of  which  is  situate  within  his 
township  and  the  returns  of  which  are  made  to  the  clerk  of 
some  other  township;  and  the  said  township  treasurer  shall 
pay  to  the  township  treasurer  of  such  other  township  the 
amount  of  the  taxes  so  levied  and  certified  to  him  for  the  use 
of  such  fractional  school  district. 

(§71.)  SEC.  19.  Whenever  any  portion  of  a  school  district 
shall  be  set  off  and  annexed  to  any  other  district  or  organized 
into  a  new  one,  after  a  tax  for  district  purposes  other  than  the 
payment  of  any  debts  of  the  district  shall  have  been  levied 
upon  the  taxable  property  thereof  but  not  collected,  such  tax 
shall  be  collected  in  the  same  manner  as  if  no  part  of  such  dis- 
trict had  been  set  off ;  and  the  said  former  district,  and  the  dis- 
trict to  which  the  portion  so  set  off  may  be  annexed,  or  the  new 
district  organized  from  such  portion,  shall  each  be  entitled  to- 
such  proportion  of  said  tax  as  the  amount  of  taxable  property 
in  each  part  thereof  bears  to  the  whole  amount  of  taxable  prop 
ertv  on  which  such  tax  is  levied. 


Statement  to 

township 

treasurer 

of  one-mill 

tax  levied  in 

fractional 

district. 


Collection  and 
apportionment 
of  taxes  on 
division  of 
district. 


GENERAL  SCHOOL  LAWS.  33 

(§72.)  SEC.  20.  [NOTE. — Section  20  was  repealed  by  Sec- 
tion 52  of  Act  number  206,  Public  Acts  of  1893.  See  bot- 
tom of  page.] 

(§73.)    SEC.  21.    The  township  treasurer  shall,  from  time  to  Township 
time,  apply  to  the  county  treasurer  for  all  school  and  library 
moneys  belonging  to  his  township  or  the  districts  thereof;  and 
on  receipt  of  the  moneys  to  be  apportioned  to  the  districts,  he 
shall  notify  the  township  clerk  of  the  amount  to  be  appor-  TO  notify  ' 

•fi^ncirl  township 

tioned.  clerk  ofF 

(§74.)    SEC.  22.    Each  treasurer  of  a  township,  to  the  clerk  J°JJyJ-due 
of  which  the  returns  of  any  fractional  school  district  shall  be  fractional 
made,  shall  apply  to  the  treasurer  of  any  other  township  in  dl 
which  any  part  of  such  fractional  school  district  may  be  sit- 
uated, for  any  money  to  which  such  district  may  be  entitled; 
and  when  so  received  it  shall  be  certified  to  the  township  clerk, 
and  apportioned  in  the  same  manner  as  other  taxes  for  school 
purposes. 


CHAPTER  Y. 

COUNTY  CLERK  AND  TREASURER, 

(§75.)    SECTION  1.  It  shall  be  the  duty  of  each  county  clerk  county  clerk 
to  receive  all  such  communications,  blanks  and  documents  as 
may  be  directed  to  him   by  the  Superintendent   of  Public 
Instruction,  and  dispose  of  the  same  in  the  manner  directed  by 
said  Superintendent. 

(§76.)    SEC.  2.    The  clerk  of  each  county  shall,  on  receiving  county  cierk 
from  the  secretary  of  the  county  board  of  school  examiners 
the  annual  reports  of  the  several  boards  of  school  inspectors, 
file  the  same  in  his  office.    On  receiving  notice  from  the  Super-  Notice  of 
intendent  of  Public   Instruction  of  the  amount   of  moneys 
apportioned  to  the  several  townships  in  his  county,  he  shall  file 
the  same  in  his  office  and  forthwith  deliver  a  copy  thereof  to 
the  county  treasurer. 

(§77.)     SEC.  3.     The  several  county  treasurers  shall  apply  county  treas- 
for  and  receive  such  moneys  as  shall  have  been  apportioned  for^oneys17 
to  their  respective  counties,  when  the  same  shall  become  due;  appropriated, 
and  each  of  said  treasurers  shall  immediately  give  notice  to  TO  notify 
the  treasurer  and  clerk  of  each  township  in  his  county  of  cie^kshoT 
the  amount  of  school  moneys  apportioned  to  his  township,  amounts- 
and  shall  hold  the  same  subject  to  the  order  of  the  township 
treasurer. 

(Section  52  of  Act  No.  206,  Public  Acts  of  1893.)  In  case  the  township  treasurer  shall 
not  collect  the  full  amount  of  taxes  required  by  his  warrant  to  be  paid  into  the  town- 
ship treasury,  such  portion  thereof  as  he  shall  collect  shall  he  retained  by  him  to  be 
paid  out  for  the  following  purposes:  The  amount  of  school  taxes  collected  to  be  paid 
on  the  order  of  th«  school  district  officers,  the  amount  collected  for  general  township 
purposes  to  be  paid  on  the  order  of  the  township  board,  the  amount  collected  for 
highway  purposes  to  be  paid  on  the  order  of  the  commissioner  of  highways  counter- 
signed by  the  township  clerk  or  supervisor,  and  the  amount  collected  for  any  special 
fund  to  be  paid  on  the  order  of  the  proper  officer;  but  in  no  case  shall  the  amounts 
collected  for  any  one  fund  be  paid  on  the  orders  drawn  on  any  other  fund. 

5 


34 


GENERAL  SCHOOL  LAWS. 


CHAPTER  VI. 


Districts  may 
borrow  money 
and  issue 
bonds. 


Amount  lim- 
ited. 


Proviso — time 
for  which 
bonds  may  be 
issued. 

Proviso — regu- 
lations at 
elections  to 
issue  bonds. 


Issuing  bonds 
for  money 
borrowed. 


BONDED   INDEBTEDNESS   OF   DISTRICTS. 

(§78.)  SECTION  1.  Any  school  district  may,  by  a  two-thirds 
vote  of  the  qualified  electors  of  said  district  present  at  any 
annual  meeting,  or  a  special  meeting  called  for  that  purpose 
borrow  money,  and  may  issue  bonds  of  the  district  therefor,  to 
pay  for  a  schoolhouse  site  or  sites,  and  to  erect  and  furnish 
school  buildings  as  follows :  Districts  having  less  than  thirty 
children  between  five  and  twenty  years  of  age  may  have  an 
indebtedness  not  to  exceed  three  hundred  dollars;  districts 
having  thirty  children  of  like  age  may  have  an  indebtedness 
not  to  exceed  five  hundred  dollars;  districts  having  fifty  chil- 
dren of  like  age  may  have  an  indebtedness  not  to  exceed  one 
thousand  dollars;  districts  having  seventy-five  children  of  like 
age  may  have  an  indebtedness  not  to  exceed  two  thousand 
dollars;  districts  having  one  hundred  children  of  like  age  may 
have  an  indebtedness  not  to  exceed  three  thousand  dollars; 
districts  having  one  hundred  and  twenty-five  children  of  like 
age,  and  with  an  assessed  valuation  of  not  less  than  one 
hundred  fifty  thousand  dollars,  may  have  an  indebtedness  not 
to  exceed  five  thousand  dollars;  districts  having  two  hundred 
children  of  like  age  may  have  an  indebtedness  not  to  exceed 
eight  thousand  dollars;  districts  having  three  hundred  chil- 
dren of  like  age  may  have  an  indebtedness  not  to  exceed  fifteen 
thousand  dollars;  districts  having  four  hundred  children  of  like 
age  may  have  an  indebtedness  not  to  exceed  twenty  thousand 
dollars ;  districts  having  five  hundred  children  of  like  age  may 
have  an  indebtedness  not  to  exceed  twenty-five  thousand  dol- 
lars; and  districts  having  eight  hundred  children  or  more  of 
like  age  may  have  an  indebtedness  not  to  exceed  thirty  thou- 
sand dollars:  Provided,  That  the  indebtedness  of  a  district 
shall  in  no  case  extend  beyond  ten  years  for  money  borrowed : 
Provided,  further,  That  in  all  proceedings  under  this  section 
the  director,  assessor,  and  one  person  appointed  by  the  district 
board  shall  constitute  a  board  of  inspection,  who  shall  cause 
a  poll  list  to  be  kept  and  a  suitable  ballot-box  to  be  used,  which 
shall  be  kept  open  two  hours.  The  vote  shall  be  by  ballot 
either  printed  or  written,  or  partly  printed  and  partly  written, 
and  the  canvass  of  the  same  shall  be  conducted  in  the  same 
manner  as  to  township  elections  or  as  the  laws  governing 
the  same  are  applicable;  and,  when  they  are  not,  the  board  of 
inspectors  shall  prescribe  the  manner  in  which  canvass  shall 
be  conducted. 

(§79.)  SEC.  2.  Whenever  any  school  district  shall  have  voted 
to  borrow  any  sum  of  money,  the  district  board  of  such  district 
is  hereby  authorized  to  issue  the  bonds  of  such  district  in  such 
form  and  executed  in  such  manner  by  the  moderator  and  direct- 


GENERAL  SCHOOL  LAWS.  35 

or  of  such  district,  and  in  such  sums,  not  less  than  fifty  dol-  interest 
lars,  as  Buch  district  board  shall  direct,  and  with  such  rate  thereon- 
of  interest,  not  exceeding  eight  per  centum  per  annum  and 
payable  at  such  time  or  times  as  the  said  district  shall  have 
directed. 

(§80.)  SBC.  3.  Whenever  any  money  shall  have  been  bor-  voters  may 
rowed  by  any  school  district,  the  taxable  inhabitants  of  such 
district  are  hereby  authorized  at  any  regular  meeting  of  such 
district,  to  impose  a  tax  on  the  taxable  property  in  such  dis- 
trict, for  the  purpose  of  paying  the  principal  thus  borrowed, 
or  any  part  thereof  and  the  interest  thereon,  to  be  levied  and 
collected  as  other  school  district  taxes  are  collected. 

(§81.)    SEC.  4.    Any  school  district,  whenever  it  shall  appear  District  may 
that  the  same  can  be  done  on  terms  advantageous  to  said  dis- 
trict,  may  borrow  money  to  pay  any  bonded  indebtedness  of 
said  district  then  existing,  and  issue  further  bonds  of  said 
district  therefor:    Provided,  That  a  majority  of  the  qualified  Proviso 
voters  of  said  district  shall  so  determine,  at  an  annual  or 
special  meeting  called  for  that  purpose,  and  that  the  notice  of 
such  meeting,  whether  annual    or  special,   shall    state    the 
intention  to  take  such  vote. 


CHAPTER  VII. 

SUITS   AND   JUDGMENTS   AGAINST   DISTRICTS 

(§82.)    SECTION  1.    Justices  of  the  peace  shall  have  jurisdic-  seeAPP.  A, 
tion  in  all  cases  of  assumpsit,  debt,  covenant,  and  trespass  " 9r'  m 
on  the  case  against  school  districts,  when  the  amount  claimed  Justices  to 
or  matter  in  controversy  shall  not  exceed  one  hundred  dollars; 
and  the  parties  shall  have  the  same  right  of  appeal  as  in  other  cases- 
cases. 

(§83.)     SEC.  2.    When  any  suit  shall  be  brought  against  a  suit  against 
school  district,  it  shall  be  commenced  by  summons,  a  copy  of  commenced* 
which  shall  be  left  with  the  assessor  of  the  district  at  least 
eight  days  before  the  return  day  thereof. 

(§84.)     SEC.  3.     No  execution  shall  issue  on  any  judgment  NO  execution 
against  a  school  district,  nor  shall  any  suit  be  brought  thereon,  JjJJSJJJ  dis- 
but  the  same  shall  be  collected  fti  the  manner  prescribed  in  trict- 
this  act. 

(§85.)     SEC.  4.     Whenever    any    final    judgment    shall    be  Assessor  to 
obtained  against  a  school  district,  if  the  same  shall  not  be  ^"forV11" 
removed  to  any  other  court,  the  assessor  of  the  district  shall  Kment8 
certify  to  the  supervisor  of  the  township  and  to  the  director  ?rict.nst 
of  the  district,  the  date  and  amount  of  such  judgment,  with 
the  name  of  the  person  in  whose  favor  the  same  was  rendered; 
and  if  the  judgment  shall  be  removed  to  another  court,  the 
assessor  shall  certify  the  same  as  aforesaid,  immediately  after 
the  final  determination  thereof  against  the  district. 


36 


GENERAL  SCHOOL  LAWS. 


When  assessor 
fails  to  certify 
how  party  may 
proceed. 


How  judgment 
certified  in 
case  of  frac- 
tional district. 


Supervisors  to 
assess  amount 
of  judgment. 


How  collected 
and  returned. 


(§86.)  SEC.  5.  If  the  assessor  shall  fail  to  certify  the  judg- 
ment as  required  in  the  preceding  section,  it  shall  be  lawful 
for  the  party  obtaining  the  same,  his  executors,  administrators, 
or  assigns  to  file  with  the  supervisor  the  certificate  of  the 
justice  or  clerk  of  the  court  rendering  the  judgment  showing 
the  facts  which  should  have  been  certified  by  the  assessor. 

(§87.)  SEC.  6.  If  the  district  against  whom  any  such  judg- 
ment shall  be  rendered  is  situated  in  part  in  two  or  more  town- 
ships, a  certificate  thereof  shall  be  delivered  as  aforesaid  to  the 
supervisors  of  each  township  in  which  such  district  is  in  part 
situated. 

(§88.)  SEC.  7.  The  supervisor  or  supervisors  receiving  either 
of  the  certificates  of  a  judgment  as  aforesaid  shall  proceed 
to  assess  the  amount  ttiereof,  with  interest  from  the  date  of 
the  judgnie'nt  to  the  time  when  the  warrant  for  the  collection 
thereof  will  expire,  upon  the  taxable  property  of  the  district, 
placing  the  same  on  the  next  township  assessment  roll  in  the 
column  for  school  taxes;  and  the  same  proceedings  shall  be 
had,  and  the  same  shall  be  collected  and  returned,  in  the  same 
manner  as  other  district  taxes. 


CHAPTER  VIII. 


SITES   FOB   SCHOOLHOUSES. 


See  App.  A, 
IT  114,  124. 
Voters  to  des- 
ignate sites. 


When  inspect- 
ors shall  de- 
termine site. 


See  App.  B, 
form  17. 


Disagreement 
upon  compen- 
sation for  site. 


Board  to  ap- 
ply fora  jury. 


(§89.)  SECTION  1.  The  qualified  voters  of  any  school  dis- 
trict, when  lawfully  assembled,  may  designate  by  a  vote  of 
two-thirds  of  those  present,  such  number  of  sites  as  may  be 
desired  for  schoolhouses,  and  may  change  the  same  by  a  similar 
vote  at  any  annual  meeting.  When  no  site  can  be  established 
by  such  inhabitants  as  aforesaid,  the  school  inspectors  of  the 
township  or  townships  in  which  the  district  is  situated  shall 
determine  where  such  site  shall  be,  and  their  determination 
shall  be  certified  to  the  director  of  the  district,  and  shall  be 
final,  subject  to  alteration  afterward  by  the  inspectors,  on  the 
written  request  of  two-thirds  of  the  qualified  voters  of  the  dis- 
trict, or  by  two-thirds  of  the  qualified  voters  agreeing  upon  a 
site,  at  a  district  meeting  lawfully  called. 

(§90.)  SEC.  2.  Wherever  a  site  for  a  schoolhouse  shall  be 
designated,  determined,  or  established  in  any  manner  provided 
by  law,  in  any  school  district,  and  such  district  shall  be  unable 
to  agree  with  the  owner  or  owners  of  such  site  upon  the  com- 
pensation to  be  paid  therefor,  or  in  case  such  district  shall,  by 
reason  of  any  imperfection  in  the  title  to  said  site,  arising 
either  from  break  in  the  chain  of  title,  tax  sale,  mortgages, 
levies,  or  any  other  cause,  be  unable  to  procure  a  perfect,  unin- 
cumbered  title,  in  fee  simple  to  said  site,  the  district  board  of 
such  district  shall  authorize  one  or  more  of  its  members  to 
apply  to  the  circuit  judge,  if  there  be  one  in  the  county,  or  to  a 


GENERAL  SCHOOL  LAWS.  37 

circuit  court  commissioner  of  the  county,  or  to  any  justice  of 

the  peace  of  the  city  or  township  in  which  such  school  district 

shall  be  situated,  for  a  jury  to  ascertain  and  determine  the 

just  compensation  to  be  made  for  the  real  estate  required  by 

such  school  district  for  such  site,  and  the  necessity  for  using 

the  same,  which  application  shall  be  in  writing  and  shall  contents  of 

describe  the  real  estate  required  by  such  district  as  accurately  aPPhcatlon- 

as  is  required  in  a  conveyance  of  real  estate:    Provided,  That  Proviso— evi- 

whenever  any  school  district  shall  have  designated,  selected,  or  cIsTity  forne" 

established,  in  any  manner  provided  by  law,  a  schoolhouse  site,  8ite- 

such  selection,  designation,  or  establishment  shall  be  prima 

facie  evidence  to  said  jury  of  the  necessity  to  use  the  site  so 

established. 

(§91.)     SEC.  3.  It  shall  be  the  duty  of  such  circuit  judge,  Jury  to  be 
circuit  court  commissioner,  or  justice  of  the  peace,  upon  such  81 
application  being  made  to  him,  to  issue  a  summons,  or  venire, 
directed  to  the  sheriff  or  any  constable  of  the  county,  com- 
manding him  to  summon  eighteen  freeholders  residing  in  the 
vicinity  of  such  site,  who  are  in  no  wise  of  kin  to  the  owner  of 
such  real  estate  and  not  interested  therein,  to  appear  before 
such  judge,  commissioner,  or  justice,  at  the  time  and  place 
therein  named,  not  less  than  twenty  nor  more  than  fifty  days 
from  the  time  of  issuing  such  summons,  or  venire,  as  a  jury  to 
ascertain  and  determine  the  just  compensation  to  be  made  for 
the  real  estate  required  by  such  school  district  for  such  site, 
and  the  necessity  for  using  the  same,  and  to  notify  the  owner  owner  to  be 
or  occupant  of  such  real  estate,  if  he  can  be  found  in  the  notifled- 
county,  of  the  time  when  and  the  place  where  such  jury  is  sum- 
moned to  appear,  and  the  object  for  which  such  jury  is  sum- 
moned, which  notice  shall  be  served  at  least  ten  days  before 
the  time  specified  in  such  summons,  or  venire,  for  the  jury  to 
appear  as  hereinbefore  mentioned. 

(§92.)  SEC.  4.  Thirty  days'  previous  notice  of  the  time  when  Notice  in  case 
and  the  place  where  such  jury  will  assemble  shall  be  given  by 
the  district  board  of  such  district,  where  the  owner  or  owners 
of  such  real  estate  shall  be  unknown,  non-residents  of  the 
county,  minors,  insane,  non  compos  mentis,  or  inmates  of  any 
prison,  by  publishing  the  same  in  a  newspaper  published  in  the 
county  where  such  real  estate  is  situated;  or,  if  there  be  no 
newspaper  published  in  such  county,  then  in  some  newspaper 
published  in  the  nearest  county  where  a  newspaper  is  pub- 
lished, once  in  each  week  for  four  successive  weeks,  which 
notice  shall  be  signed  by  the  district  board  or  by  the  director 
or  assessor  of  such  district,  and  shall  describe  the  real  estate 
required  for  such  site,  and  state  the  time  when  and  place  where 
such  jury  will  assemble  and  the  object  for  which  they  will 
assemble ;  or  such  notice  may  be  served  on  such  owner  person- 
ally, or  by  leaving  a  copy  thereof  at  his  last  place  of  residence. 

(§93.)  SEC.  5.  It  shall  be  the  duty  of  such  judge,  commis- 
sioner,  or  justice,  and  of  the  persons  summoned  as  jurors,  as 
hereinbefore  provided,  and  of  the  sheriff  or  constable  summon-  thereon. 


38 


GENERAL  SCHOOL  LAWS. 


Attachment 
may  issue  to 
enforce  obedi- 
ence to  process. 


Jury  to  be 
sworn. 


ing  them,  to  attend  at  the  time  and  place  specified  in  such  sum- 
mons, or  venire',  and  the  officer  who  summoned  the  jury  shall 
return  such  summons,  or  venire,  to  the  officer  who  issued  the 
same,  with  the  names  of  the  persons  summoned  by  him  as 
jurors,  and  shall  certify  the  manner  of  notifying  the  owner  or 
owners  of  such  real  estate,  if  he  was  found;  and  if  he  could  not 
be  found  in  said  county,  he  shall  certify  that  fact.  Either 
party  may  challenge  any  of  the  said  jurors  for  the  same 
causes  as  in  civil  actions.  If  more  than  twelve  of  said  jurors 
in  attendance  shall  be  found  qualified  to  serve  as  jurors,  the 
officers  in  attendance  and  who  issued  the  summons,  or  venire, 
for  such  jury,  shall  strike  from  the  list  of  jurors  a  number  suf- 
ficient to  reduce  the  number  of  jurors  in  attendance  to  twelve; 
and  in  case  less  than  twelve  of  the  number  so  summoned  as 
jurors  shall  attend,  the  sheriff  or  constable  shall  summon  a 
sufficient  number  of  freeholders  to  make  up  the  number  of 
twelve;  and  the  officer  issuing  the  summons,  or  venire,  for  such 
jury  may  issue  an  attachment  for  any  persons  summoned  as 
a  juror  who  shall  fail  to  attend,  and  may  enforce  obedience  to 
such  summons,  venire,  or  attachment,  as  courts  of  record  or 
justices'  courts  are  authorized  to  do  in  civil  cases. 

(§94.)  SEC.  6.  The  twelve  persons  selected  as  the  jury  shall 
be  duly  sworn  by  the  judge,  commissioner,  or  justice  in  attend- 
ance, faithfully  and  impartially  to  inquire,  ascertain  and  de- 
termine the  just  compensation  to  be  made  for  the  real  estate 
required  by  such  school  district  for  such  site,  and  the  neces- 
sity for  using  the  same  in  the  manner  proposed  by  such  school 
district;  and  the  persons  thus  sworn  shall  constitute  the  jury 
in  such  case.  Subpoenas  for  witnesses  may  be  issued,  and 
their  attendance  compelled  by  such  circuit  judge,  commis- 
sioner, or  justice  in  the  same  manner  as  may  be  done  by  the 
circuit  court  or  by  a  justice's  court  in  civil  cases.  The  jury 
may  visit  and  examine  the  premises  and,  from  such  examina- 
tion and  such  other  evidences  as  may  be  presented  before 
them,  shall  ascertain  and  determine  the  necessity  for  using 
such  real  estate  in  the  manner  and  for  the  purpose  proposed 
by  such  school  district,  and  the  just  compensation  to  be  made 
therefor;  and  if  such  jury  shall  find  that  it  is  necessary  that 
such  real  estate  shall  be  used  in  the  manner  or  for  the  pur- 
pose proposed  by  such  school  district,  they  shall  sign  a  certifi- 
cate in  writing,  stating  that  it  is  necessary  that  said  real 
estate,  describing  it,  should  be  used  as  a  site  for  a  schoolhouse 
for  such  district,  also  stating  the  sum  to  be  paid  by  such  school 
district  as  the  just  compensation  for  the  same.  The  said  cir- 
cuit judge,  circuit  court  commissioner,  or  justice  of  the  peace, 
shall  sign  and  attach  to,  and  endorse  upon  the  certificate  thus 
subscribed  by  the  said  jurors,  a  certificate  stating  the  time 
when  and  the  place  where  the  said  jury  assembled,  that  they 
were  by  him  duly  sworn  as  herein  required,  and  that  they  sub- 
scribed the  said  certificate.  He  shall  also  state  in  such  certi- 
ficate who  appeared  for  the  respective  parties  on  such  hearing 


Subpoenas  for 
•witnesses. 


Jury  to  ascer- 
tain necessity 
for  taking 
land. 


To  determine 
compensation 
therefor. 
Court  to  make 
certificate. 


GENERAL  SCHOOL  LAWS.  39 

and  inquiry,  and  shall  deliver  such  certificates  to  the  director 
or  to  any  member  of  the  district  board  of  such  school  district. 

(§95.)     SEC.  7.     Upon  filing  such  certificates  in  the  circuit  collection  of 
court  of  the  county  where  such  real  estate  is  situated,  such  Jud«ment- 
court  shall,  if  it  finds  all  the  proceedings  regular,  render  judg- 
ment for  the  sum  specified  in  the  certificate  signed  by  such 
jury,  against  such  school  district,  which  judgment  shall  be 
collected  and  paid  in  the  manner  as  other  judgments  against 
school  districts  are  collected  and  paid. 

(§96.)    SEC.  8.    In  case  the  owner  df  such  real  estate  shall  be  when  owner 
unknown,  insane,  non  compos  mentis,  or  an  infant,  or  cannot 
be  found  within  such  county,  it  shall  be  lawful  for  the  said 
school  district  to  deposit  the  amount  of  such  judgment  with 


the  county  treasurer  of  such  county,  for  the  use  of  the  person  b< 
or  persons  entitled  thereto;  and  it  shall  be  the  duty  of  such 
county  treasurer  to  receive  such  money,  and  at  the  time  of 
receiving  it,  to  give  a  receipt  or  certificate  to  the  person 
depositing  the  same  with  him,  stating  the  time  when  such 
deposit  was  made,  and  for  what  purpose;  and  such  county 
treasurer  and  his  sureties  shall  be  liable  on  his  bond  for  any 
money  which  shall  come  into  his  hands  under  the  provisions 
of  this  act,  in  case  he  shall  refuse  to.  pay  or  account  for  the 
same,  as  herein  required  :    Provided,  That  no  such  money  shall  Proviso—  how 
be  drawn  from  such  county  treasurer,  except  upon  an  order  ™ra^nf?0m 
of  the  circuit  court,  circuit  court  commissioner,  or  judge  of  J;°™ty  trea8' 
probate,  as  hereinafter  provided. 

(§97.)     SEC.  9.    Upon  satisfactory  evidence  being  presented  on  payment 
to  the  circuit  court  of  the  county  where  such  real  estate  lies,  S?eveBtedXe 
that  such  judgment  or  the  sum  ascertained  and  determined  by  district. 
the  jury  as  .the  just  compensation  to  be  paid  by  such  district 
for  such  site,  has  been  paid,  or  that  the  amount  thereof  has 
been  deposited  according  to  the  provisions  of  the  preceding 
sections,  such  court  shall,  by  an  order  or  decree,  adjudge  and 
determine  that  the  title  in  fee  of  such  real  estate  shall,  from 
the  time  of  making  such  payment  or  deposit,  forever  there- 
after be  vested  in  such  school  district  and  its  successors  and 
assigns,  and  shall,  in  and  by  such  order  or  decree,  award  to 
such  school  district  a  writ  of  possession  for  the  recovery  of 
the  possession  of  such  real  estate;  a  copy  of  which  order  or  copy  of  decree 
decree,  certified  by  the  clerk  of  said  county,  shall  be  recorded  to  be  recorded- 
in  the  office  of  the  register  of  deeds  of  such  county,  and  the 
title  of  such  real  estate  shall  henceforth,  from  the  time  of 
making  such  payment  or  deposit,  be  vested  forever  thereafter 
in  such  school  district  and  its  successors  and  assigns  in  fee. 

(§98.)    SEC.  10.    Such  school  district  may,  at  any  time  after  when  district 
making  payment  or  deposit  hereinbefore  required,  enter  upon  J°0£ke  P°sses' 
and  take  possession  of  such  real  estate  for  the  use  of  said 
district.    And  it  shall  be  the  duty  of  the  county  clerk  of  said  writofpos- 
county,  on  the  request  of  said  school  district,  to  issue  out  of  Sfuedby  be 
and  under  the  seal  of  the  circuit  court  of  said  county,  a  writ  J!JuB^teyrigerk 
of  possession  as  awarded  in  such  order  or  decree,  which  writ 


40 


GENERAL  SCHOOL  LAWS. 


Sheriff  to  re- 
move respond- 
ent. 


When  jury 
disagrees,  pro- 
ceedings may 
be  adjourned 
and  new  jury 
summoned. 


shall  be  directed  to  the  sheriff  of  said  county,  and  shall  be 
tested  and  made  returnable,  and  shall  be  substantially,  so  far 
as  may  be,  in  the  same  form  provided  for  writs  of  possession 
in  actions  of  ejectment;  and  it  shall  be  the  duty  of  such  sheriff 
thereupon  to  remove  the  respondent  or  respondents  in  such 
proceedings,  and  all  persons  holding  under  them  or  either 
of  them,  from  the  real  estate  described  in  such  decree  and  in 
such  writ,  and  deliver  the  possession  thereof  with  the  appur- 
tenances to  such  school  district. 

(§99.)  SEC.  11.  In  case  the  jury  hereinbefore  provided  for 
shall  not  agree,  another  jury  may  be  summoned  in  the  same 
manner,  and  the  same  proceedings  may  be  had,  except  that 
no  further  notice  of  the  proceedings  shall  be  necessary;  but 
instead  of  such  notice,  the  judge,  commissioner,  or  justice  may 
adjourn  the  proceedings  to  such  time  as  he  shall  think  reason- 
able, not  exceeding  thirty  days,  and  shall  make  the  process  to 
summon  a  jury  returnable  at  such  time  and  place  as  the  said 
proceedings  shall  be  adjourned  to.  Such  proceedings  may  be 
adjourned  from  time  to  time  by  the  said  judge  or  commis- 
sioner, or  justice,  on  the  application  of  either  party  and  for 
good  cause,  to  be  shown  by  the  party  applying  for  such 
adjournment,  unless  th«  other  party  shall  consent  to  such 
adjournment;  but  such  adjournment  shall  not  in  all  exceed 
three  months. 

(§100.)  SEC.  12.  In  case  the  said  schoolhouse  site  is  encum- 
bered by  mortgage,  levy,  tax  sale  or  otherwise,  as  aforesaid, 
the  mortgagee  or  other  parties  claiming  to  be  interested  in 
said  title  shall  severally  be  made  a  party  to  the  procedure 
as  aforesaid,  and  shall  be  authorized,  upon  the  filing  of  the 
certificate  of  the  jury  in  the  circuit  court  of  said  county,  to 
appear  before  the  circuit  judge  and  make  proof  relative  to 
their  proportionate  claims  to  the  said  site,  or  the  compensa- 
tion to  be  made  therefor  as  determined  by  said  jury.  And  the 
said  circuit  judge  shall,  by  decree,  settle  their  several  claims 
in  accordance  with  the  rights  of  the  parties  respectively,  and 
may  divide  the  sum  awarded  by  said  jury  between  the  claim- 
ants as  in  his  judgment  will  be  equitable  and  right,  rendering 
against  said  district  a  separate  judgment  for  each  of  the 
amounts  so  awarded. 

(§101.)  SEC.  13.  The  circuit  judge,  judge  of  probate,  or  cir- 
cuit court  commissioner  of  any  county  where  any  money  has 
been  deposited  with  the  county  treasurer  of  such  county  as 
hereinbefore  provided,  shall,  upon  the  written  application  of 
any  person  or  persons  entitled  to  such  money,  and  upon  receiv- 
ing satisfactory  evidence  of  the  right  of  such  applicant  to  the 
money  thus  deposited,  make  an  order  directing  the  county 
treasurer  to  pay  the  money  thus  deposited  with  him  to  said 
applicant;  and  it  shall  be  the  duty  of  such  county  treasurer, 
on  the  presentation  of  such  order,  with  the  receipt  of  the 
person  named  therein  endorsed  on  said  order  and  duly 
acknowledged,  in  the  same  manner  as  conveyances  of  real 


Adjournments 
not  to  exceed 
three  months. 


Proceedings 
in  case  of  in- 
cumbrances. 


Duty  of  cir- 
cuit judges. 


How  money 
deposited  with 
county  treas- 
urer may  be 
drawn. 


GENERAL  SCHOOL  LAWS.  41 

estate  are  required  to  be  acknowledged,  to  pay  the  same;  and 
such  order,  with  the  receipt  of  the  applicant  or  person  in 
whose  favor  the  same  shall  be  drawn,  shall,  in  all  courts  and 
places,  be  presumptive  evidence  in  favor  of  such  county  treas- 
urer, to  exonerate  Mm  from  all  liability  to  any  person  or  per- 
sons for  said  money  thus  paid  by  him. 

(§102.)    SEC.  14.  Circuit  judges,  circuit  court  commissioners,  compensation 
and  justices  of  the  peace,  for  any  services  rendered  under  the  proSfng^ 
provisions  of  this  act,  shall  be  entitled  to  the  same  fees  and 
compensation  as  for  similar  services  in  other  special  proceed- 
ings.   Jurors,  constables,  and  sheriffs  shall  be  entitled  to  the 
same  fees  as  for  like  services  in  civil  cases  in  the  circuit 
court. 

(§103.)    SEC.  15.  In  case  any  circuit  judge,  circuit  court  com-  When  judge, 
missioner,  or  justice  of  the  peace,  who  shall  issue  a  summons  or  anenT  another 
venire,  for  a  jury,  shall  be  unable  to  attend  to  any  of  the  sub- 
sequent  proceedings  in  such  case,  any  other  circuit  court  com- 
missioner or  justice  of  the  peace  may  attend  and  finish  said 
proceedings. 


CHAPTER  IX. 

APPEALS   FROM  ACTION  OF   INSPECTORS. 

(§104.)    SECTION  1.    Whenever  any  five  or  more  tax  paying  seeAPP.  A, 
electors,  having  taxable  property  within  any  school  district,  Tir5'11' 163- 
shall    feel    themselves    aggrieved    by    any    action,  order,  or  when  electors 
decision  of  the  board  of  school  inspectors,  with  reference  to 
the  formation,  or  any  division,  or  consolidation  of  said  school 
district,  they  may,  at  any  time  within  sixty  days  from  the  time 
of  such  action  on  the  part  of  said  school  inspectors,  appeal 
from  such  action,  order,  or  decision  of  said  board  of  school 
inspectors  to  the  township  board  of  the  township  in  which 
such  school  district  is  situated;  and  in  case  of  fractional  school  HOW  made  in 
districts  notice  of  such  appeal  shall  be  served  on  the  clerk 
of  the  joint  boards  of  school  inspectors  who  have  made  the 
decision  appealed  from,  who  shall,  within  five  days,  give  notice 
thereof  'to  the  township  boards  of  the  several  townships  in 
which  the  different  parts  of  said  fractional  school  district 
are  situated,  who  shall  have  power  and  whose  duty  it  shall  Powers  and 
be,  acting  jointly,  to  entertain  such  appeal,  and  review,  con- 
firm,  set  aside,  or  amend  the  action,  order,  or  decision  of  the 
board  of  school  inspectors  thus  appealed  from;  or  if  in  their 
opinion  the  appeal  is  frivolous  or  without  sufficient  cause,  they 
may  summarily  dismiss  the  same. 

(§105.)  SEC.  2.  Said  appellants  shall,  before  taking  such  Appellants  to 
appeal,  make  out  and  file  with  the  board  of  school  inspectors, 
or  in  case  of  fractional  school  districts,  to  the  clerk  of 
the  joint  boards  of  school  inspectors,  a  written  statement 
to  be  signed  by  said  appellants,  setting  forth  in  general 
6 


42 


GENERAL  SCHOOL  LAWS. 


Appellants  to 
execute  bond. 


Where  filed. 


Duty  of  in- 
spectors when 
appeal  is  filed. 


terms  the  action,  order,  or  decision  of  the  board  or  boards 
of  school  inspectors  with  respect  to  which  the  appellants 
feel  themselves  aggrieved,  and  their  demand  for  an  appeal 
therefrom  to  the  township  board  or  boards  of  said  town- 
ship or  townships,  and  shall  also  cause  to  be  executed  and 
signed  by  one  of  their  number,  and  by  two  good  and  suffi- 
cient sureties,  to  be  approved  by  the  clerk  of  said  board  or 
joint  boards  of  school  inspectors  or  by  any  justice  of  the  peace 
of  the  township,  and  file  with  the  clerk  of  said  board  or  joint 
boards  of  school  inspectors,  a  bond  to  the  people  of  the  State 
of  Michigan  in  the  penal  sum  of  two  hundred  dollars,  con- 
ditioned for  the  due  prosecution  of  said  appeal  before  said 
township  board  or  boards  acting  jointly,  and  also,  in  case  of 
the  dismissal  of  said  appeal  as  frivolous  by  said  township 
board  or  joint  boards,  for  the  payment  by  said  appellants  of 
all  costs  occasioned  to  the  township  or  townships  by  reason  of 
said  appeal. 

(§106.)  SEC.  3.  Upon  the  filing  of  such  appeal,  papers  and 
bond  with  the  said  board  or  joint  boards  of  school  inspectors,, 
the  said  board  or  joint  boards  of  school  inspectors  shall,  within 
ten  days  thereafter,  make  out  and  file  with  the  clerk  of  said 
township  in  which  the  said  schoolhouse  is  located,  a  full  and 
complete  transcript  of  all  their  proceedings,  actions,  orders, 
or  decisions,  with  reference  to  which  the  appeal  is  taken,  and 
of  their  records  of  the  same,  also  said  bond  and  appeal  papers, 
and  all  petitions  and  remonstrances,  if  any,  with  reference  to 
the  matters  appealed  from;  and  upon  the  filing  of  the  same 
with  the  said  township  clerk,  the  said  township  board  or 
boards  shall  be  deemed  to  be  in  possession  of  the  case,  and  if 
the  return  be  deemed  by  them  insufficient,  may  order  a  further 
and  more  complete  return  by  said  board  or  boards  of  school 
inspectors;  and  when  such  return  shall  by  them  be  deemed 
sufficient,  they  shall  proceed  with  the  consideration  of  the 
appeal,  at  such  time  or  times,  within  ten  days  after  such 
return,  and  in  such  manner  and  under  such  affirmation, 
amendment  or  reversal  of  the  action,  order,  or  decision  of  the 
board  or  boards  of  school  inspectors  appealed  from,  as  in 
their  judgment  shall  seem  to  be  just  and  right;  or,  if  they 
deem  the  appeal  to  be  frivolous,  they  may  summarily  dismiss 
the  same;  but  the  decision  of  said  board  or  boards  of  school 
inspectors  shall  not  be  altered  or  reversed,  unless  a  majority 
of  such  township  board  or  boards,  not  members  of  said  board 
or  boards  of  school  inspectors,  shall  so  determine. 


When  township 
board  deemed 
in  possession  of 
case. 


Proceedings 
in  the  appeal. 


When  members 
of  township 
board  cannot 
act  in  deter- 
mining case. 
See  App.  A. 
n  14,  15. 


GENERAL  SCHOOL  LAWS.  43 


CHAPTER  X. 


GEADED   SCHOOL   DISTRICTS. 

(§107.)     SECTION  1.     Any  school  district  containing  more  seeAPP.  A, 
than  one  hundred  children  between  the  ages  of  five  and  twenty 
years  may,  by  a  two-thirds  vote  of  the  qualified  voters  pres-  what  districts 

.  •  -|      -• 

ent  at  any  annual  or  special  meeting,  organize  as  a  graded 
school  district:  Provided,  That  the  intention  to  take  such  vote 
shall  be  expressed  in  the  notice  of  such  annual  or  special 
meeting.  When  such  change  in  the  organization  of  the  dis- 
trict shall  have  been  voted,  the  voters  at  such  annual  or  special 
meeting  shall  proceed  immediately  to  elect  by  ballot  from  the  Election  of 
qualified  voters  of  the  district  one  trustee  for  the  term  of  one 
year,  two  for  the  term  of  two  years,  and  two  for  a  term  of 
three  years,  and  annually  thereafter  a  successor  or  successors 
to  the  trustee  or  trustees  whose  term  of  office  shall  expire: 
Provided,  also,  In  all  districts  organized  prior  to  the  year  Proviso, 
eighteen  hundred  eighty-three,  there  shall  be  one  trustee 
elected  at  the  annual  meeting  for  the  year  eighteen  hundred 
eighty-three,  and  thereafter  there  shall  be  elected  a  trustee 
or  trustees  in  the  manner  aforesaid,  whose  term  of  office  shall 
be  three  years  and  until  his  or  their  successor  or  successors 
shall  have  been,  elected  and  filed  his  or  their  acceptance: 
Provided,  also,  That  in  the  election  of  trustees  and  all  other 
school  officers,  the  person  receiving  a  majority  of  all  the  votes  elect, 
shall  be  declared  elected. 

(§108.)     SEC.  2.     Within  ten  days  after  their  election  such 
trustees  shall  file  with  the  director  acceptances  of  the  offices  mede 
to  which  they  have  been  elected,  and  shall  annually  elect  |)e1!JnAPp- B' 
from  their  own  number  a  moderator,  a  director,  and  assessor,  officers  to  be 
and  for  cause  may  remove  the  same,  and  may  appoint  others  ?rustlesby 
of  their  own  number  in  their  places,  who  shall  perform  the 
duties  prescribed  by  law  for  such  officers  in  other  school  dis- 
tricts in  this  State,  except  as  hereinafter  provided.    The  trus- 
tees  shall  have  power  to  fill  any  vacancy  that  may  occur  in  fined. 

(§107.)  Elections  held  in  graded  school  districts  wherein  two  trustees  were  balloted 
for  at  the  same  time  on  joint  ballot,  are  void,  and  no  person  has  been  legally  elected. 
It  has  frequently  been  held  that,  if  a  ballot  contains  the  names  of  two  persons  for  the 
same  office,  when  but  one  is  to  be  chosen,  it  is  bad  as  to  both.  The  election  of  two 
trustees  on  two  separate  ballots,  would  be  good  as  to  the  first  one  chosen,  and  void  as 
to  the  second.  As  it  is  the  policy  of  the  law  to  uphold  elections  where  the  choice  of 
the  people  can  be  ascertained,  the  one  first  elected  having  received  the  necessary  vote 
is  the  choice  of  the  electors,  and  such  action  of  the  district  is  valid  as  to  him.  As  the 
amendment  of  1883  does  not  repeal  Section  1,  Act  X,  only  so  far  as  it  is  in  conflict 
therewith,  and  as  both  statutes  provide  that  trustees  shall  hold  over  until  their  suc- 
cessors shall  be  elected  and  qualified,  the  old  board  remain  in  office  until  a  valid 
election  is  had.  The  law  makns  no  provision  for  a  special  election  for  trustees  of 
graded  schools,  hence  where  the  regular  election  was  void  there  can  be  no  special 
election  to  fill  the  office  No  election  can  be  held  without  a  law  providing  therefor, 
hence  the  law  that  both  trustees  hold  over  is  in  full  force  whenever  there  was  a  fail- 
ure to  eleot,  as  provided  by  statute.  Section  2.  chapter  3,  of  the  school  law  applies 
only  to  officers  of  district  schools  and  not  to  trustees  of  graded  schools,  and  only  per- 
mits a  special  election  where  two  vacancies  exist.  Che  trustees  have  no  power  under 
Section  3.  chapter  X,  to  appoint  a  trustee  where  there  has  been  a  failure  to  elect,  but 
can  only  fill  vacancies,  as  in  case  of  death,  resignation,  or  removal.— Fan  Riper,  Atty. 
Gen.,  July  26,  1883. 


44 


GENERAL  SCHOOL  LAWS. 


When  inspect- 
ors shall  ap 
point  officers. 
See  App.  B, 

form  15. 


Duty  of  trus- 
tees. 

To  classify 
pupils. 


To  establish 

high  schools, 

etc. 

See  App.  A, 

TT  142,  143. 

Proviso  as  to 
non-resident 
pupils'  tuition. 


To  audit  and 
pay  director's 
accounts. 


To  employ 
teachers. 
See  §  40. 
See  App.  B, 
form  26. 
See  App.  A, 
TIT  70-8ti. 

To  employ 
officers,  etc. 


Other  duties. 
See  Chap.  III. 

Consent  of 
trustees  ne- 
cessary to 
change  in 
boundaries  of 
districts. 


their  number,  till  the  next  annual  meeting.  Whenever,  in  any 
case,  the  trustees  shall  fail,  through  disagreement  or  neglect, 
to  elect  the  officers  named  in  this  section,  within  twenty  days 
next  after  the  annual  meeting,  the  school  inspectors  of  the 
township  or  city  to  which  such  district  makes  its  annual 
report  shall  appoint  the  said  officers  from  the  number  of  said 
trustees. 

(109.)  SEC.  3.  It  shall  be  the  duty  of  the  board  of  trustees 
of  any  graded  school  district : 

First,  To  classify  and  grade  the  pupils  attending  school  in 
such  district,  and  cause  them  to  be  taught  in  such  schools  or 
departments  as  they  may  deem  expedient ; 

Second,  To  establish  in  such  district  a  high  school,  when 
ordered  by  a  vote  of  the  district  at  an  annual  meeting,  and  to 
determine  the  qualifications  for  admission  to  such  school  and 
the  fees  to  be  paid  for  tuition  in  any  branches  taught  therein : 
Provided,  That  when  non-resident  pupils,  their  parents,  or 
guardians,  shall  pay  a  school  tax  in  said  district,  the  same 
shall  be  credited  on  their  tuition  a  sum  not  to  exceed  the 
amount  of  such  tuition;  and  they  shall  only  be  required  to  pay 
tuition  for  the  difference  between  the  amount  of  the  tax  and 
the  amount  charged  for  tuition ; 

Third,  To  audit  and  order  the  payment  of  all  accounts  of  the 
director  for  incidental  or  other  expenses  incurred  by  him  in  the 
discharge  of  his  duties;  but  no  more  than  fifty  dollars  shall  be 
expended  by  the  director  in  any  one  year  for  repairs  of  the 
buildings  or  appurtenances  of  the  district  property,  without 
the  authority  of  the  board  of  trustees; 

Fourth,  To  employ  all  qualified  teachers  necessary  for  the 
several  schools,  and  to  determine  the  amount  of  their  compen- 
sation, and  to  require  the  director  and  moderator  to  make  con- 
tracts with  the  same  on  behalf  of  the  district,  in  accordance 
with  the  provisions  of  law  concerning  contracts  with  teachers ; 

Fifth,  To  employ  such  officers  and  servants  as  may  be  neces- 
sary for  the  management  of  the  schools  and  school  property, 
and  prescribe  their  duties  and  fix  their  compensation ; 

Sixth,  To  perform  such  otlier  duties  as  are  required  of  .dis- 
trict boards  in  other  school  districts. 

(§110.)  SEC.  4.  No  alteration  shall  be  made  in  the  bound- 
aries of  any  graded  school  district,  without  the  consent  of  a 
majority  of  the  trustees  of  said  district,  which  consent  shall 
be  spread  upon  the  records  of  the  district  and  placed  on  file  in 
the  office  of  the  clerk  of  the  board  of  school  inspectors  of  the 
township  or  city  to  which  the  reports  of  said  district  are  made; 

(§109,  TT2.)  The  question  is  as  to  whether  the  board  of  trustees  of  a  graded  school 
can  employ  a  music  teacher  who  has  not  passed  th«  regular  examination  required  of 
other  teachers  and  received  a  certificate  required  by  section  5153  of  Ho  well's  Statutes 
(Sec.  4,  Chap.  11,  School  Laws)?  It  would  bd  most  difficult  to  imagine  that  an  exami- 
nation in  the  several  branches  and  studies  specified  in  the  statutes  would  show 
sufficiently  the  qualifications  of  the  applicants  to  teach  either  music  or  drawing.  I 
do  not  think  the  statutes  applicable  to  such  teachers,  nor  does  there  appear  to  be  any 
which  is.  The  board  probably  has  anrt  will  be  held  by  the  courts  to  possess  such 
authority,  still  it  is  not  a  question  free  from  doubt,  and  additional  legislation  may  be 
desirable.— Taggart,  Attorney  General,  July  26, 1886. 


GENERAL  SCHOOL  LAWS.  45 

and  graded  school  districts  shall  not  be  restricted  to  nine  sec-  Such  districts 
tions  of  land.  ftS"01* 

(§111.)    SEC.  5.    Whenever  two  or  more  contiguous  districts  TWO  or  more 
having  together  more  than  one  hundred  children  between  the  unS°andaform 
ages  of  five  and  twenty  years,  after  having  published  in  the  JjgJJ^ d  8Chooi 
notices  of  the  annual  meetings  of  each  district  the  intention  to 
take  such  action,  shall  severally,  by  a  vote  of  two-thirds  of  the 
qualified  voters  attending  the  annual  meetings  in  said  dis- 
tricts, determine  to  unite  for  the  purpose  of  establishing  a 
graded  school  district  under  the  provisions  of  this  chapter,  the 
school  inspectors  of  the  township  or  townships  in  which  such  • 
districts  may  be  situated  shall,  on  being  properly  notified  of 
such  vote,  proceed  to  unite  such  districts,  arid  shall  appoint, 
as  soon  as  practicable,  a  time  and  place  for  a  meeting  of  the 
new  district,  and  shall  require  three  notices  of  the  same  to  be 
posted  in  each  of  the  districts  so  united,  at  least  five  days  Notice  of 
before  the  time  of  such  meeting;  and  at  such  meeting  the  dis-  meetiQg- 
trict  shall  elect  a  board  of  trustees,  as  provided  in  section  one 
of  this  chapter,  and  may  do  whatever  business  may  be  done  at 
any  annual  meeting. 

(§112.)    SEC.  6.    Whenever  the  trustees   of  any  organized  Duty  of  tms- 
graded  school  district  shall  be  presented  twenty  days  before  £lses%ctcrtain 
the  annual  meeting  thereof,  with  a  petition  signed  by  ten  elect- 
ors of  said  district,  stating  that  it  is  the  desire  of  said  petition- 
ers that,  at  the  annual  meeting  of  said  school  district,  there 
shall  be  submitted  to  said  annual  meeting  the  proposition  to 
change  from  a  graded  school  district  to  one  or  more  primary 
school  districts,  the  said  trustees  shall,  in  their  notice  of  such 
annual  meeting,  state  that- the  proposition  set  forth  in  said  in  case  of  vote 
petition  will  be  presented  to  said  meeting;  and  if  two-thirds  of  ^S^SSed 
the  qualified  voters  present  at  said  meeting  shall   vote  to  school  district 

i     -i  •    j_    •    ±  to  primary. 

change  to  one  or  more  primary  school  districts,  such  change 
shall  be  made;  and  it  shall  be  the  duty  of  the  board  of  school 
inspectors  of  the  township  or  townships  in  which  such  district 
is  situated,  upon  being  duly  notified  of  such  vote,  to  proceed 
to  change  or  divide  such  district  as  determined  by  such  annual 
meeting,  and  they  shall  provide  for  the  holding  of  the  first 
meeting  in  the  or  each  of  the  proposed  primary  school  districts 
in  the  same  manner  as  is  provided  for  by  law  for  the  organiza- 
tion of  primary  school  districts;  and  whenever  a  fractional 
graded  school  district  shall  be  so  changed,  the  township  boards 
of  school  inspectors  of  the  respective  townships  where  such 
graded  school  district  is  situated,  shall  organize  the  said  dis- 
trict into  one  or  more  primary  school  districts,  as  provided  by 
law. 


46 


GENERAL  SCHOOL  LAWS. 


Date  of  pub- 
lication. 


Itemized 
statement 

Expense  of 
publication. 

Penalty  for 
non-compli- 
ance. 


CHAPTER  XI. 

Act  No.  185,  Laws  of  1897. 
PUBLICATION    OF   FINANCIAL    STATEMENT    BY   SCHOOL   BOARD. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact,  That 
previous  to  the  third  Monday  in  September  of  every  year,  the 
Board  of  Education,  or  Board  of  Trustees,  as  the  case  may  be, 
of  any  graded  school  district  in  this  State  in  which  one  or  more 
newspapers  are  published,  shall  cause  to  be  published  in  a 
newspaper  published  in  said  district,  and  designated  by  said 
board,  *also  a  full  and  itemized  financial  statement  of  the 
receipts  and  expenditures  of  said  district  during  the  preceding 
school  year,  the  expense  of  said  publication  to  be  paid  out  of 
the  general  fund  of  the  district. 

SEC.  2.  If  any  board  of  education,  or  board  of  trustees,  as 
the  case  may  be,  shall  neglect  to  comply  with  the  provisions 
of  this  act,  each  member  of  any  such  board  shall  forfeit  the 
sum  of  ten  dollars. 


CHAPTER  XII. 


Township 
libraries  to  be 
maintained. 


Who  are  en- 
titled to  privi- 
leges of  li- 
brary. 

Proviso. 


Inspectors  to 
have  charge. 
See  App.  B, 
form  18. 
See  App.  A, 
71 144,  146. 


Inspectors 
accountable 
for  care,  etc., 
of  library. 
Powers  of 
inspectors. 


LIBRARIES. 

(§113.)  SECTION  1.  A  township  library  shall  be  maintained 
in  each  organized  township,  which  shall  be  the  property  of  the 
township,  and  shall  not  be  subject  to  sale  or  alienation  from 
any  cause  whatever.  All  actions  relating  to  such  library  or 
for  the  recovery  of  any  penalties  lawfully  established  in  rela- 
tion thereto,  shall  be  brought  in  the  name  of  the  township. 

(§114.)  SEC.  2.  All  persons  who  are  residents  of  the  town- 
ship shall  be  entitled  to  the  privileges  of  the  township  library, 
subject  to  such  rules  and  regulations  as  may  be  lawfully 
established  in  relation  thereto:  Provided,  That  persons  resid- 
ing within  the  boundaries  of  any  school  district  in  which  a  dis- 
trict library  has  been  established  shalLbe  entitled  to  the  privi- 
leges of  such  district  library  only. 

(§115.)  SEC.  3.  The  township  board  of  school  inspectors 
shall  have  charge  of  the  township  library,  and  shall  apply  for 
and  receive  from  the  township  treasurer  all  moneys  appro- 
priated for  the  township  library  of  their  township,  and  s,hall 
purchase  the  books  and  procure  the  necessary  appendages  for 
such  library. 

(§116.)  SEC.  4.  Said  board  shall  be  held  accountable  for  the 
proper  care  and  preservation  of  the  township  library,  and  shall 
have  power  to  provide  for  the  safe  keeping  of  the  same,  to  pre- 
scribe the  time  for  taking  and  returning  books,  to  assess  and 

*  Since  the  word  also  is  confusing  it  should  be  understood  that  it  only  remained 
through  a  clerical  error  when  some  phrases  were  by  amendment  stricken  out  of  the 
original  bill. 


GENERAL  SCHOOL  LAWS.  47 

collect  fines  and  penalties  for  the  loss  or  injury  of  said  books, 
and  to  establish  all  other  needful  rules  and  regulations  for  the 
management  of  the  library,  as  said  board  shall  deem  proper  or 
the  Superintendent  of  Public  Instruction  may  advise. 

(§117.)    SEC.  5.    The  board  of  school  inspectors  shall  cause  where  library 
the  township  library  to  be  kept  at  some  central  or  eligible 
place  in  the  township,  which  it  shall  determine;  such  board 
shall  also,  within  ten  days  after  the  annual  township  meeting, 
appoint  a  librarian  for  the  term  of  one  year,  to  have  the  care  Librarian, 
and  superintendence  of  said  library,  who  shall  be  responsible 
to  the  board  of  school  inspectors  for  the  impartial  enforcement 
of  all  rules  and  regulations  lawfully  established  in  relation  to 
said  library. 

(§118.)  SEC.  6.  Any  school  district,  by  a  two-thirds  vote  at  What  districts 
any  annual  meeting,  may  establish  a  district  library ;  and  such  SbmSes* 
district  shall  be  entitled  to  its  just  proportion  of  books  from 
the  library  of  any  township  in  which  it  is  wholly  or  partly  sit- 
uated, to  be  added  to  the  district  library,  and  also  to  its  equi- 
table share  of  any  library  moneys  remaining  unexpended  in 
any  such  township  or  townships  at  the  time  of  the  establish- 
ment of  such  district  library,  or  that  shall  thereafter  be  raised 
by  tax  in  such  township  or  to/wnships,  or  that  shall  thereafter 
be  apportioned  to  the  township  to  the  inspectors  of  which  the 
annual  report  of  the  director  is  made. 

(§119.)    SEC.  7.    The  district  board  of  any  school  district  in  District  board 
which  a  district  library  may  be  established  in  accordance  with  5  dfstrictiarge 
the  provisions  of  this  act,  shall  have  charge  of  such  library;  library- 
and  the  duties  and  responsibilities  of  said  district  board  in 
relation  to  the  district  library,  and  all  moneys  raised  or  appor- 
tioned for  its  support,  shall  be  the  same  as  those  of  the  board 
of  school  inspectors  are  to  the  township  library. 

(§120.)     SEC.  8.     The  school  inspectors  shall  give  in  their  inspectors  to 
annual  report  to  the  Superintendent  of  Public  Instruction  such  staSstic^to17 
facts  and  statistics  relative  to  the  management  of  the  town-  tendentperin~ 
ship  library  and  the  library  moneys,  as  the  Superintendent  of 
Public  Instruction  shall  direct;  and  the  district  board  of  any 
school  district  having  a  library  shall  cause  to  be  given  in  the 
animal  report  of  the  director  to  the  board  of  school  inspectors, 
like  facts  and  statistics  relative  to  the  district  library,  which 
items  shall  also  be  included  by  the  said  inspectors  in  their 
annual  report. 

(§121.)    SEC.  9.    In  case  the  board  of  school  inspectors  of  any  Failure  to  re- 
township  or  the  district  board  of  any  school  district,  shall  fail  Sse^mdnlys 
to  make  the  report  required  by  the  preceding  section,  or  in  case  JJJ,JJ|jJ5e  o£ 
it  shall  appear  from  the  reports  so  made  that  any  township  or  moneys  there- 
school  district  has  failed  to  use  the  library  money  in  strict  al 
accordance  with  the  provisions  of  law,  such  township  or  dis- 
trict shall  forfeit  its  share  of  the  library  moneys  that  are 
apportioned;  and  the  same  shall  be  apportioned  to  the  several 
other  townships  and  districts  in  the  county  as  hereinafter  proviso. 


48 


GENERAL  SCHOOL  LAWS. 


State  superin- 
tendent to 
provide  county 
clerk  with 
statement. 


Statement  to 
be  filed  and 
copy  given  to 
county  treas- 
urer. 

Apportionment 
of  proceeds  of 
penal  fines. 
See  App.  A, 
1 146.    ' 


provided:  Provided,  That  in  townships  where  the  boards 
thereof  shall  determine  and  report  to  the  superintendent  that 
the  public  will  be  better  served  by  using  the  said  money  for 
general  school  purposes,  no  such  forfeiture  shall  occur. 

(§122.)  SEC.  10.  The  Superintendent  of  Public  Instruction 
shall  annually  and  previous  to  the  tenth  day  of  May,  transmit 
to  the  clerk  of  each  county  a  statement  of  the  townships  in 
his  county  that  are  entitled  to  receive  library  moneys,  giving 
the  number  of  children  in  each  of  such  townships  between  the 
ages  of  five  and  twenty  years,  as  shall  appear  from  -the  reports 
of  the  boards  of  school  inspectors  for  the  school  year  last 
ending;  said  clerk  shall  file  such  statement  in  his  office,  and 
shall  forthwith  furnish  a  copy  thereof  to  the  county  treasurer. 

(§123.)  SEC.  11.  The  clear  proceeds  of  all  fines  for  any 
breach  of  the  penal  laws  of  this  State  and  for  penalties,  or 
upon  any  recognizance  in  criminal  proceedings,  and  all  equiva- 
lents for  exemptions  [exemption]  from  military  duty,  when 
collected  in  any  county  and  paid  into  the  county  treasury, 
together  with  all  moneys  heretofore  collected  and  paid  into 
said  treasury  on  account  of  such  fines  or  equivalents,  and  not 
already  appropriated  [apportioned],  shall  be  apportioned  by 
the  county  treasurer  before  the  first  day  of  June  in  each 
year,  among  the  several  townships  in  the  county,  according 
to  the  number  of  children  therein  between  the  ages  of  five 
and  twenty  years,  as  shown  by  the  statement  of  the  Super- 
intendent of  Public  Instruction  provided  for  in  the  preceding 
section,  which  money  shall  be  exclusively  applied  to  the  sup- 
port of  the  township  and  district  libraries,  and  to  no  other 
purpose. 

(§124.)  SEC.  12.  The  qualified  voters  of  each  township  shall 
have  power  at  any  annual  township  meeting,  to  vote  a  tax 
for  the  support  of  libraries  established  in  accordance  with  the 
provisions  of  this  act;  and  the  qualified  voters  of  any  school 
district  in  which  a  district  library  shall  be  established,  shall 
have  power  at  any  annual  meeting  of  such  district,  to  vote  a 
district  tax  for  the  support  of  said  district  library.  When  any 
tax  authorized  by  this  section  shall  have  been  voted,  it  shall 
be  reported  to  the  supervisor,  levied,  and  collected  in  the  same 
manner  as  other  township  and  school  district  taxes. 

(§125.)  SEC.  13.  The  district  board  of  any  school  district 
'may  donate  or  sell  any  library  book  or  books  belonging  to 
such  district,  to  the  board  of  school  inspectors  of  the  township 
or  townships  in  which  said  district  is  wholly  or  partly  situated, 
which  book  or  books  shall  thereafter  form  a  part  of  the  town- 
ship library. 


How  applied. 


Voters  may 
levy  tax  for 
support  of 
libraries.    • 


How  tax  to  be 
reported,  as- 
sessed and 

collected. 


District  board 
may  give  or 
sell  books  to 
township 
library. 


GENERAL  SCHOOL  LAWS.  49 


CHAPTER  XIII. 

Act  No.  147,  Public  Acts  of  1891,  as  amended  by  Act  No.  34,  Public  Acts  of  1£93,  and  by 
Act  No.  6tf,  Public  Acts  of  1895. 

EXAMINATION     OF   TEACHERS   AND    SUPERVISION   OF   SCHOOLS, 

(§126.)    SECTION  1.    At  the  meetings  of  the  several  boards  First  appoint- 
of  supervisors  of  the  different  counties  of  the  State  to  be  So^of" 
held  on  the  fourth  Monday  in  June,  eighteen  hundred  ninety-  schools, 
one,  the  said  several  boards  of  supervisors  shall  elect  a  county 
commissioner  of  schools  for  their  respective  counties,  whose 
term  of  office  shall  commence  on  the  fourth  Tuesday  of  August 
next  following,  who  shall  hold  his  or  her  office  until  the  first 
day  of  July,  eighteen  hundred  ninety-three,  or  until  his  or 
her  successor  shall  be  elected  and  qualified.     Said  board  of 
supervisors  shall  also  on  said  fourth  Monday  of  June,  appoint 
two  persons  as  school  examiners,  who,  together  with    said  Appointment 
commissioner  of  schools,  shall  constitute  a  board  of  school  o£examiner- 
examiners.    One  of  said  school  examiners  shall  be  appointed 
for  a  period  of  one  year  and  the  other  for  a  period  of  two 
years,  from  and  after  the  second  Monday  of  October  next 
after    their    appointment,  or    until    their    successors    have 
been  appointed  and  qualified.    And  thereafter  such  boards  .of  Term  of 
supervisors  shall,  at  each  annual  session,  appoint  one  exam-  examiner- 
iner,  who  shall  hold  his  office  for  a  period  of  two  years,  or  until 
his  successor  shall  have  been  appointed  and  qualified.     Any  Qualifications 
person  shall  be  eligible  to  the  office  of  examiner  who  shall  hold  of  examiner- 
at  least  a  third  grade  certificate  and  has  taught  in  the  public 
schools  at  least  nine  months,  or  who  has  the  qualifications 
required  of  commissioners  in  section  three  of  this  act,  except 
an  experience  of  twelve  months  as  teacher.    In  case  a  vacancy  Vacancy, 
shall  occur  at  any  time  in  the  office  of  school  examiner,  the 
judge  of  probate,  together  with  the  board  of  school  examiners 
of  the  county  in  which  such  vacancy  shall  have  occurred,  shall 
within  ten  days  after  the  occurrence  of  such  vacancy,  appoint 
some  suitable  person  to  fill  such  vacancy;  and  the  person  so 
appointed  shall  hold  the  office  for  the  unexpired  portion  of  the 
term,  or  until  his  or  her  successor  is  appointed  and  has  quali- 
fied.   Within  ten  days  after  such  commissioners  or  examiners 
shall  have  received  legal  notice  of  his  or  her  election,  he  or  she 
shall  take  and  subscribe  the  constitutional  oath  of  office,  and 
the  same  shall  be  filed  with  the  county  clerk.    The  said  county 
commissioner  so  appointed,  shall  execute  a  bond  with  two  Official  bond, 
sufficient  sureties,  to  be  approved  by  and  filed  with  the  county 
clerk,  in  the  penal  sum  of  one  thousand  dollars,  conditioned 
that  he  or  she  shall  faithfully  discharge  the  duties  of  his  or 
her  office  according  to  law,  and  to  faithfully  account  for  and 
pay  over  to  the  proper  persons  all  money  which  may  come  into 
his  or  her  hands  by  reason  of  his  or  her  holding  such  office; 


GENERAL  SCHOOL  LAWS. 


Term  of  office. 


To  file  oath 
and  bond. 


Eligibility  to 
office  of,  etc. 
See  App.  A, 

tf  168-170. 


and  thereupon  the  county  clerk  shall  report  the  name  and 
postoffice  address  of  such  county  commissioner  to  the  State 
Superintendent  of  Public  Instruction. 

Biennial  eiec-  (§127.)  SEC.  2.  There  shall  be  elected  at  the  election  held 
Ssi?ofne°rm'  on  the  first  Monday  in  April,  eighteen  hundred  ninety-three 
and  every  second  year  thereafter,  in  each  county,  one  county 
commissioner  of  schools  whose  term  of  office  shall  commence 
on  the  first  day  of  July  next  following  his  or  her  election, 
and  who  shall  continue  in  office  two  years  or  until  his  or  her 
successor  shall  be  elected  and  qualified.  The  county  com- 
missioner of  schools  elected  under  the  provisions  of  this  sec- 
tion shall  file  with  the  county  clerk  for  the  county  for  which 
he  or  she  is  elected,  his  or  her  oath  of  office  and  bond,  the  same 
as  provided  in  section  one  of  this  act,  and  the  county  clerk 
shall  make  the  same  report  to  the  Superintendent  of  Public 
Instruction  in  all  respects  as  provided  in  section  one  of  this 
act. 

(§128.)  SEC.  3.  Persons  eligible  to  hold  the  office  of  com- 
missioner of  schools  must  possess,  besides  an  experience  of 
twelve  months  as  teacher  in  the  public  schools  of  the  State, 
one  of  the  following  qualifications:  must  be  a  graduate  of  the 
literary  department  of  some  reputable  college,  university,  or 
State  normal  school,  having  a  course  of  at  least  three  years, 
or  hold  a  State  teachers'  certificate,  or  be  the  holder  of  a  first 
grade  certificate;  but  said  first  grade  certificate  shall  only 
qualify  the  holder  thereof  to  hold  the  office  of  commissioner 
in  the  county  .where  such  certificate  was  granted :  Provided, 
That  persons  who  have  held  the  office  of  commissioner  of 
schools  under  the  provisions  of  act  number  one  hundred  forty- 
seven,  public  acts  of  eighteen  hundred  ninety-one,  shall  be 
eligible.  In  counties  having  less  than  fifty  districts  subject 
to  the  supervision  of  the  county  commissioner,  a  person  hold- 
ing at  the  time  of  his  or  her  election  a  second  grade  certificate 
shall  be  eligible. 

(§129.)  SEC.  4.  The  board  of  school  examiners  shall,  for  the 
purpose  of  examining  all  persons  who  may  offer  themselves 
as  teachers  for  the  public  schools,  hold  two  regular  public 
examinations  in  each  year  at  the  county  seat,  which  examin- 
ations shall  begin  on  the  last  Thursday  of  March  and  the 
third  Thursday  of  August  in  each  year.  From  these  two 
examinations  certificates  of  all  grades  may  be  granted.  The 
said  board  of  examiners  may  also  in  their  discretion  hold  two 
other  regular  public  examinations,  which  shall  begin  on  the 
third  Thursdays  of  June  and  October  at  such  places  as  in  the 
judgment  of  the  board  the  best  interests  of  the  teachers  may 
require.  From  these  two  examinations  only  certificates  of 
the  second  and  third  grades  may  be  granted. 

In  counties  having  one  hundred  fifty  or  more  districts,  the 
said  board  of  examiners  may  hold  one  special  public  examina- 
tion for  each  additional    twenty-five    districts    or    fractions 
thereof,  which  special  public  examination,  when  appointed,, 
shall  be  held  commencing  on  one  or  more  of  the  following 


Proviso  as  to 
certain  coun- 
ties. 


Schedule  of 
examinations. 


Counties  en- 
titled to  more 
than  four  ex- 
aminations. 


GENERAL  SCHOOL  LAWS.  51 


dates:  the  third  Friday  of  February,  April  and  September. 
The  place  of  holding  such  special  public  examination  is  also 
left  to  the  discretion  of  the  board  of  examiners.  At  such  See  §§  2i7', 
special  public  examinations  only  certificates  of  the  third  grade  169- 
shall  be  granted.  It  shall  be  the  duty  of  the  county  com- 
missioner to  make  out  a  schedule  of  the  times  and  places  of 
holding  special  examinations,  and  to  cause  it  to  be  published 
in  one  or  more  newspapers  of  the  county  at  least  ten  days 
before  each  special  examination. 

(§130.)  SEC.  5.  The  board  of  school  examiners  shall  meet  Granting  of 
on  the  Saturday  of  the  week  following  such  public  examination  c< 
held  by  the  county  commissioner,  and  shall  grant  certificates 
to  teachers  in  such  form  as  the  Superintendent  of  Public 
Instruction  shall  prescribe,  licensing  as  teachers  all  persons 
who  shall  have  attained  the  age  of  seventeen  years  who  have 
attended  such  public  examinations  and  who  shall  be  found 
qualified  in  respect  to  good  moral  character,  learning,  and 
ability  to  instruct  and  govern  a  school ;  but  no  certificate  shall 
be  granted  to  any  person  who,  having  arrived  at  the  age  of 
twenty-one  years,  is  not  a  citizen  of  the  United  States,  and 
who  shall  not  have  passed  a  satisfactory  examination  in 
orthography,  reading,  writing,  grammar,  geography,  arithme- 
tic, theory  and  art  of  teaching,  United  States  history,  civil  gov- 
ernment, and  physiology  and  hygiene,  with  reference  to  the 
effect  of  alcoholic  drinks,  stimulants,  and  narcotics  upon  the 
human  system.  The  board  of  examiners  shall  have  the  right,  • 

however,  to  renew  without  examination  the  certificates  of 
persons  who  shall  have  previously  obtained  an  average  stand- 
ing of  at  least  eighty-five  per  cent  in  all  studies  covered  in 
two  or  more  previous  examinations,  and  who  shall  have  been 
since  such  last  named  examination  continuously  and  success- 
fully teaching  in  the  same  county.     All  certificates  shall  be  sy  whom 
signed  by  the  county  commissioner  and  by  at  least  one  other  8igned- 
member  of  the  board  of  examiners.     No  person  shall  be  con- 
sidered a  qualified  teacher  within  the  meaning  of  this  act, 
nor  shall  any  school  officer  employ  or  contract  with  any  person 
to  teach  in  any  of  the  public  schools  under  the  provisions  of 
this  act,  who  has  not  a  certificate  in  force  granted  by  the 
board  of  school   examiners  or  other  lawful   authority.    All  Examination 
examination  questions  shall   be  prepared  and  furnished  by  questions, 
the  Superintendent  of  Public  Instruction  to  the  county  com- 
missioner under  seal,  to  be  opened  in  the  presence  of  the 
applicants  for  certificates  on  the  day  of  examination. 

(§131.)    SEC.  6.    There  shall  be  three  grades  of  certificates  Grades  of  cer- 
granted  by  the  board  of  school  examiners,  in  its  discretion, il] 
and  subject  to  such  rules  and  regulations  as  the  Superintend- 
ent of  Public  Instruction  may  prescribe,  which  grades  of  cer- 
tificates shall  be  as  follows:    The  certificate  of  the  first  grade  First  grade, 
shall  be  granted  only  to  those  who  have  taught  at  least  one 
year  with  ability  and  success,  and  it  shall  be  valid  throughout 
the  State  for  four  vears:  Provided,  That  all  examination  papers  proviso. 


52 


GENERAL  SCHOOL  LAWS. 


Further 
proviso. 


Second  grade. 


Third  grade. 
Classes  A  and 
B. 


Proviso. 


for  first  grade  certificates  favorably  passed  upon  by  the  board* 
of  examiners,  together  with  such  certificates,  shall  be  for- 
warded to  the  Superintendent  of  Public  Instruction  within  ten 
days  from  date  of  examination,  for  inspection:  And  provided 
further,  That  no  first  grade  certificate  shall  be  valid  in  any 
county  other  than  that  in  which  it  is  granted,  unless  approved 
and  countersigned  by  the  Superintendent  of  Public  Instruc- 
tion, and  a  copy  filed  with  the  county  commissioner  in  the 
county  in  which  the  holder  of  said  certificate  desires  to  teach. 
The  certificate  of  [the]  second  grade  shall  be  granted  only 
to  those  who  shall  have  taught  at  least  seven  months  with 
a'bility  and  success,  and  it  shall  be  valid  throughout  the  county 
for  which  it  shall  be  granted  for  three  years.  The  certificates 
of  the  third  grade  shall  be  divided  into  two  classes  known  as 
A  and  B.  Third  grade  certificates  of  class  A  shall  be  granted 
only  to  persons  who  have  taught  successfully  and  continuously 
for  at  least  three  years  next  preceding  the  examination  in 
primary  departments  of  graded  schools;  and  a  certificate  of 
this  class  shall  entitle  the  holder  to  teach  in  primary  depart- 
ments of  graded  schools  only.  Third  grade  certificates  of 
class  B  shall  license  the  holder  to  teach  in  any  school  of  the 
county  in  which  it  shall  be  granted  for  one  year;  but  no  more 
than  three  certificates  of  this  class  shall  be  granted  to  the 
same  person :  Provided,  That  the  county  commissioner  shall 
have  power,  upon  perspnal  examination  satisfactory  to  himself 
or  herself,  to  grant  certificates  which  shall  license  the  holder 
thereof  to  teach  in  a  specified  district  for  which  it  shall  be 
granted;  but  such  certificate  shall  not  continue  in  force  beyond 
the  time  of  the  next  public  examination,  and  in  no  case  shall 
a  second  special  certificate  be  granted  to  the  same  person,  and 
it  shall  not  in  any  way  exempt  the  teacher  from  a  full  exam- 
ination. 

(§132.)  SEC.  7.  The  board  of  school  examiners  may  suspend 
or  revoke  any  teachers'  certificate  issued  by  them  for  any 
reason  which  w7ould  have  justified  said  board  in  withholding 
the  same  when  given,  for  neglect  of  duty,  for  incompetency 
to  instruct  or  govern  a  school,  or  for  immorality;  and  the  said 
board  may,  within  their  jurisdiction,  suspend  for  immorality 
or  incompetency  to  instruct  and  govern  a  school,  the  effect  of 
any  teachers'  certificate  that  may  have  been  granted  by  other 
lawrful  authority:  Provided,  That  no  certificate  shall  be  sus- 
pended or  revoked  without  a  personal  hearing,  unless  the 
holder  thereof  shall,  after  a  reasonable  notice,  neglect  or 
refuse  to  appear  before  the  said  board  for  that  purpose. 

(§133.)  SEC.  8.  It  shall  be  the  duty  of  the  county  com- 
missioner : 

First,  Immediately  after  his  or  her  qualification  as  commis- 
sioner, to  send  notice  thereof  to  the  Superintendent  of  Public 
Instruction  and  the  chairman  of  each  township  board  of  school 
inspectors  of  the  county; 


Suspension  of 
certificate,  etc. 


Proviso. 


Duty  of 
commissioner. 

Notice  of 

qualification. 


GENERAL  SCHOOL  LAWS.  53 


Second,  To  keep  a  record  of  all  examinations  held  by  the  Record  of  ex- 
fooard  of  school  examiners  and  to  sign  all  certificates  and  other  a™ination8' 
papers  and  reports  issued  by  the  board; 

Third,  To  receive  the  institute  fees  provided  by  law  and  to  of  fees. 
pay  the  same  to  the  county  treasurer  quarterly,  beginning 
September  thirty,  in  each  year; 

Fourth,  To  keep  a  record  of  all  certificates  granted,  sus-  Record  of 
pended,  or  revoked  by  the  said  board  of  commissioners,  show-  certiflcate8- 
Ing  to  whom  issued,  together  with  the  date,  grade,  duration  of 
each  certificate  and,  if  suspended  or  revoked,  with  the  date 
and  reason  thereof; 

t  Fifth,  To  furnish,  previous  to  the  first  Monday  in  September  List  of  teach- 
in  each  year  to  the  township  clerk  of  each  township  in  the  er8' etc- 
county,  a  list  of  all  persons  legally  authorized  to  teach  in  the 
county  at  large,  and  in  such  township,  with  the  date  and  term 
of  each  certificate,  and  if  any  have  been  suspended  or  revoked, 
the  date  of  such  suspension  or  revocation; 

Sixth,  To  visit  each  of  the  schools  in  the  county  at  least  TO  visit 
once  in  each  year  and  to  examine  carefully  the  discipline,  the  schools' etc- 
mode  of  instruction,  and  the  progress  and  proficiency  of  popils: 
Provided,  That  in  case  the  county  commissioner  is  unable  to  Proviso  as  to 
visit  all  the  schools  of  the  county  as  herein  required,  the  said  f08rssistant  visl" 
commissioner  may  appoint  such  assistant  visitors  as  may  be 
necessary,  who  shall  perform  such  duties  pertaining  to  the 
visitation  and  supervision  of  schools  as  said  commissioner 
•shall  direct:     Provided,  That  the  whole  expense  incurred  by 
such  assistant  visitor  shall  not  exceed  the  sum  of  ninety  dol- 
lars in  any  one  year; 

Seventh,  To  counsel  with  the  teachers  and  school  boards  as  counsel  with 
to  the  courses  of  study  to  be  pursued,  and  as  to  any  improve-  teachers'  «tc- 
ment  in  the  discipline  and  instruction  in  the  schools; 

Eighth,  To  promote  by  such  means  as  he  or  she  may  devise,  improvement 
the  improvement  of  the  schools  in  the  county,  and  the  elevation  of  8Chools' etc- 
of  the  character  and  qualifications  of  the  teachers  and  officers 
thereof,  and  act  as  assistant  conductor  of  institutes  appointed 
by  the  Superintendent  of  Public  Instruction  and  perform  such 
other  duties  pertaining  thereto  as  the  superintendent  shall 
require; 

Ninth,  To  receive  the  duplicate  annual  reports  of  the  several  TO  receive  an- 
boards  of  school  inspectors,  examine  into  the  correctness  of  JfJ,*1  reP°rt8' 
the  same,  requiring  them  to  be  amended  when   necessary, 
indorse  his  or  her  approval  upon  them,  and  immediately  there- 
after and  before  the  first  day  of  November  in  each  year,  trans- 
mit to  the  Superintendent  of  Public  Instruction  one  copy  of 
each  of  said  reports  and  file  the  other  in  the  office  of  the  county 
clerk ; 

Tenth,  To  be  subject  to  such  instructions  and  rules  as  the  Subject  to  in- 
Superintendent  of  Public  Instruction  may  prescribe,  to  receive  s^pTo 
all  blanks  and  communications  that  may  be  sent  to  him  or  her  instruction, 
by  the  Superintendent  of  Public  Instruction  and  to  dispose  of  e 
the  same  as  directed  by  the  said  superintendent,  and  to  make 


54 


GENERAL  SCHOOL  LAWS. 


Other  duties. 


Duty  of  chair- 
man, etc. 

Supervision  of 
schools,  etc. 


To  make  re- 
ports, etc. 


Compensation 
of  commis- 
sioner. 


annual  reports  at  the  close  of  the  school  year  to  the  Superin- 
tendent of  Public  Instruction  of  his  or  her  official  labor,  and  of 
the  schools  of  the  county  together  with  such  other  information 
as  may  be  required; 

Eleventh,  To  perform  such  other  duties  as  may  be  required 
of  him  or  her  by  law,  and  at  the  close  of  the  term  of  office  to 
deliver  all  records,  books,  and  papers  belonging  to  the  office, 
to  his  or  her  successor. 

(§134.)  SEC.  9.  It  shall  be  the  duty  of  the  chairman  of  the 
board  of  school  inspectors  of  each  township : 

First,  To  have  general  supervisory  charge  of  the  schools  of 
his  township,  subject  to  such  advice  and  direction  as  th.e 
county  commissioner  may  give; 

Second,  To  make  such  reports  of  his  official  labors  and  of 
the  condition  of  the  schools  as  the  Superintendent  of  Public 
Instruction  may  direct  or  commissioner  request. 

(§135.)  SEC.  10.  The  compensation  of  each  commissioner 
shall  be  determined  by  the  board  of  supervisors  of  each 
county  respectively,  but  the  compensation  shall  not  be  fixed 
at  a  sum  not  less  than  five  hundred  dollars  per  annum  in  any 
county  where  there  are  fifty  schools  under  his  or  her  supervi- 
sion, at  not  less  than  one  thousand  dollars  per  annum  where- 
there  are  one  hundred  schools  under  such  supervision,  and 
not  less  than  twelve  hundred  dollars  where  there  are  one  hun- 
dred and  twenty-five  schools  under  his  supervision;  and  in  no 
case  shall  such  compensation  exceed  the  sum  of  fifteen  hun- 
dred dollars  per  annum.  Each  member  of  the  board  of  school 
examiners  other  than  the  county  commissioner  shall  receive 
four  dollars  for  each  day  actually  employed  in  the  duties  of 
his  office.  The  compensation  of  any  assistant  visitor,  when 
appointed  as  provided  in  this  act,  shall  be  determined  by  the 
county  commissioner,  but  in  no  case  shall  it  exceed  three  dol- 
lars for  each  day  employed.  The  compensation  of  the  coanty 
commissioner,  members  of  the  board  of  school  examiners,  and 
of  any  assistant  visitor  shall  be  paid  quarterly  from  the 
county  treasury,  upon  such  commissioner  or  visitor  filing  with 
the  county  clerk  a  certified  statement  of  his  or  her  account, 
which  shall  give  in  separate  items  the  nature  and  amount  of 
the  service  for  each  day  for  which  compensation  is  claimed: 
Provided,  That  in  no  case  shall  the  county  commissioner 
receive  any  order  for  compensation  from  the  county  clerk 
until  he  has  filed  a  certified  statement  from  the  Superintend- 
ent of  Public  Instruction  that  all  reports  required  of  the  com- 
missioner have  been  properly  made  and  filed  with  said  superin- 
tendent: Provided  further,  That  no  commissioner  shall  receive 
an  order  for  compensation  until  he  shall  have  filed  with  the 
county  clerk  a  detailed  statement  under  oath  showing  what 
schools  have  been  visited  by  him  during  the  preceding  quarter 
and  what  amount  of  time  was  employed  in  each  school,  naming 
the  township  and  school  district.  The  necessary  contingent 
expenses  of  the  commissioner  for  printing,  postage,  stationery r 


Of  examiners. 


Of  assistant 
visittrs. 


To  be  paid 
quarterly. 


Proviso. 


Further 
proviso. 


Of  contingent 
expenses. 


GENERAL  SCHOOL  LAWS.  55 


record  books,  and  rent  of  rooms  for  public  examinations  shall 
be  audited  and  allowed  by  the  board  of  supervisors  of  the 
county;  but  in  no  county  shall  the  expenses  so  allowed  exceed  Limit  of. 
the  sum  of  two  hundred  dollars  per  annum  and  no  traveling 
fees  shall  be  allowed  to  the  commissioner  or  to  .any  assistant 
visitor  or  school  examiner. 

(§136.)    SEC.  11.    No  Superintendent  of  Public  Instruction,  Shan  mot  act 
instructor  at  institute,  county  commissioner  or  examiner,  shall 
act  as  agent  for  the  sale  of  any  school  furniture,  text-books, 
maps,  charts,  or  other  school  apparatus. 

(§137.)    SEC.  12.    Whenever  by  death,  resignation,  removal  01  vacancies, 
from  office,  or  otherwise  a  vacancy  shall  occur  in  the  office  of 
the  county  commissioner  of  schools,  the  county  clerk  shall  see  §  126. 
issue  a  call  to  the  chairman  of  the  township  board  of  school 
inspectors  of  each  township  in  the  county,  who  shall  meet  at 
the  office  of  the  county  clerk  on  a  date  to  be  named  in  said 
[notices]  notice,  not  more  than  ten  days  from  the  date  of  the 
notice,  and  appoint  a  suitable  person  to  fill  the  vacancy  for  the 
unexpired  portion  of  the  term  of  office. 

(§138.)    SEC.  13.    The  officers  of  every  school  district  which  certain 
is  or  shall  hereafter  be  organized  in  whole  or  in  part  in  any  Imfi'Sc. 
incorporated  city  in  this  State  where  special  enactments  shall 
exist  in  regard  to  the  licensing  of  teachers,  shall  employ  only 
such  teachers  as  are  legally  qualified  under  the  provisions  of 
this  act:    Provided,  That  in  cities  employing  a  superintendent, 
the  examination  of  teachers  shall  be  conducted  by  such  super- 
intendent or  by  a  committee  of  the  board  of  education  of  such 
school  district,  and  certificate  issued  at  such  time  and  in  such 
a  manner  as  the  Superintendent  of  Public  Instruction  and 
board  of  education  in  such  city  shall  prescribe.    Cities  having  of  city 
a  special  and  thoroughly  equipped  normal  training  depart-  ! 
ment,  under  control  of  a  special  training  teacher,  such  school  Exempt  from 
having  a  course  of  not  less  than  one  year,  shall  be  exempt  from 
the  provisions  of  this  section  as  to  the  examination  of  teachers. 
Any  board  of  education  that  shall  violate  the  provisions  of 
this  act  by  employing  a  teacher  who  is  not  legally  qualified, 
shall  forfeit  such  a  proportion  of  the  primary  school  interest 
fund  as  the  number  of  unqualified  teachers  employed  bears  to 
the  whole  number  of  teachers  employed  in  the  district.     All 
school    districts    organized    by    special    enactments,    shall, 
through  their  proper  officers,  make  such  reports  as  the  Super- 
intendent of  Public  Instruction  may  require. 

(§139.)     SEC.  14.    All  acts  or  parts  of  acts  conflicting  with  Repealing 
the  provisions  of  this  act  are  hereby  repealed. 


56 


GENERAL  SCHOOL  LAWS. 


CHAPTER  XIV. 


PENALTIES   AND    LIABILITIES. 


Penalty  on 
inhabitant  for 
neglect  of  duty. 


Penalty  on 
district  officer 
for  neglecting 
or  refusing  to 
perform  duties. 
See  App.  A. 
IT  158,  160. 


Penalty  on 
inspector  for 
neglect  or 
refusal. 


Liability  of 
inspectors  for 
neglecting  to 
report. 
See  App.  A, 
TT5-11. 


Liability  of 

township 

clerk. 


Liability  of 
county  cleik 
for  neglect  to 
transmit  re- 
ports. 


How  moneys 
collected  on 
account  of 
neglect  dis- 
posed of. 


(§140.)  SECTION  1.  Any  taxable  inhabitant  of  a  newly 
formed  district  receiving  the  notice  of  the  first  meeting,  who 
shall  neglect  or  refuse  duly  to  serve  and  return  such  notice, 
and  every  chairman  of  the  first  district  meeting  in  any  district, 
who  shall  wilfully  neglect  or  refuse  to  perform  the  duties 
enjoined  on  him  by  this  act  shall  respectively  forfeit  the  sum 
of  five  dollars. 

(§141.)  SEC.  2.  Any  person  duly  elected  to  the  office  of 
moderator,  director,  assessor,  or  trustee  of  a  school  district, 
who  shall  neglect  or  refuse  without  sufficient  cause,  to  accept 
such  office  and  serve  therein  or  who,  having  entered  upon  the 
duties  of  his  office,  shall  neglect  or  refuse  to  perform  any  duty 
required  of  him  by  virtue  of  his  office,  shall  forfeit  the  sum  of 
ten  dollars. 

(§142.)  SEC.  3.  Any  person  duly  elected  or  appointed  a 
school  inspector,  who  shall  neglect  or  refuse,  without  sufficient 
cause,  to  qualify  and  serve  as  such,  or  who,  having  entered 
upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  perform 
any  duty  required  of  him  by  virtue  of  his  office,  shall  forfeit  the 
sum  of  ten  dollars. 

(§143.)  SEC.  4.  If  any  board  of  school  inspectors  shall 
neglect  or  refuse  to  make  and  deliver  to  the  township  clerk 
their  annual  report  as  required  by  this  act,  within  the  time 
limited  therefor,  they  shall  be  liable  to  pay  the  full  amount 
of  money  lost  by  their  failure,  with  interest  thereon,  to  be 
recovered  by  the  township  treasurer  in  the  name  of  the  town- 
ship, in  an  action  of  debt  or  on  the  case;  and  if  any  township 
clerk  shall  neglect  or  refuse  to  transmit  the  report  herein 
mentioned  within  the  time  limited  therefor,  he  shall  be  liable 
to  pay  the  full  amount  lost  by  such  neglect  or  refusal,  with 
interest  thereon,  to  be  recovered  in  an  action  of  debt  or  on  the 
case. 

(§144.)  SEC.  5.  Any  county  clerk  who  shall  neglect  or 
refuse  to  transmit  to  the  Superintendent  of  Public  Instruction 
the  reports  required  by  this  act,  within  the  time  therefor  lim- 
ited, shall  be  liable  to  pay  to  each  township  the  full  amount 
which  such  township  or  any  school  district  therein,  shall  lose 
by  such  neglect  or  refusal,  with  interest  thereon,  to  be  recov- 
ered in  an  action  of  debt  or  on  the  case. 

(§145.)  SEC.  6.  All  the  moneys  collected  or  received  by  any 
township  treasurer  under  the  provisions  of  either  of  the  two 
last  preceding  sections,  shall  be  apportioned  and  distributed 
to  the  school  districts  entitled  thereto,  in  the  same  manner 
and  in  the  same  proportion  that  the  moneys  lost  by  any  neg- 
lect or  refusal  therein  mentioned  would,  according  to  the 
provisions  of  this  act,  have  been  apportioned  and  distributed. 


GENERAL  SCHOOL  LAWS.  57 

(§146.)     SEC.  7.     Any  township  clerk  who  shall  neglect  or  Liability  of 
refuse  to  certify  to  the  supervisor  any  school  district  taxes  l^^upervK 
that  have  been  reported  to  him  as  required  by  this  act,  and  ix?  regard  to 
any  supervisor  wilfully  neglecting  to  assess  any  such  tax  shall  dl 
be  liable  to  any  district  for  any  damage  occasioned  thereby, 
to  be  recovered  by  the  assessor  in  the  name  of  the  district, 
in  an  action  of  debt  or  on  the  case. 

(§147.)    SEC.  8.    The  township  board  of  each  township,  and  when  town- 
in  the  case  of  fractional  school  districts,  the  township  board  of  removeacer-° 
the  township  in  which  the  district  schoolhouse  thereof  is  sit- tain  officer- 
uated,  shall  have  power  and  is  hereby  required  to  remove  from 
office,  upon  satisfactory  proof,  after  at  least  five  days'  notice  see  App.  A, 
to  the  party  implicated,  any  district  officer  or  school  inspector  n  l2' 17- 
who  shall  have  illegally  used  or  disposed  of  any  of  the  public 
moneys  entrusted  to  his  charge,  or  who  shall  persistently  and 
without  sufficient  cause,  refuse  or -neglect  to  discharge  any  of        . 
the  duties  of  his  office    And  in  case  of  such  removal  it  shall  be  Township 
the  duty  of  the  township  clerk  of  such  township  to  enter  in 
the  records  of  such  township  the  resolution  or  order  of  such  removal, 
board,  for  such  removal;  and  such  record  of  such  resolution 
or  order  so  entered,  or  a  certified  copy  thereof,  shall  be  prima 
facie  evidence  in  all  courts  and  places  of  the  jurisdiction  of 
such  board  and  of  the  regularity  of  the  proceedings  for  such 
removal,  and  (unless  the  party  so  removed  shall,  within  thirty  Party  removed 
days  after  such  removal,  institute  proceedings  before  a  court 
of  competent  jurisdiction  for  the  removal  of  such  order  for 
removal,  or  if  after  such  thirty  days  such  proceedings  to  obtain  board. 
such  removal  shall  be  discontinued  or  dismissed)  shall  be  con- 
clusive evidence  of  jurisdiction  and  regularity,  if    it    shall 
appear  that  the  party  so  removed  had  five  days'  notice  of  the 
time  and  place  fixed  by  said  board  for  the  hearing  of  the  case 
as  aforesaid. 

(§148.)    SEC.  9.    No  school  officer,  superintendent,  or  teacher  school  officers 
of  schools,  shall  act  as  agent  for  any  author,  publisher,  or  JUJ? ^tot a? 
seller  of  school  books,  or  shall  directly  or  indirectly  receive  schooi-book 
any  gift  or  reward  for  his  influence  in  recommending  the  pur-  agents' et< 
chase  or  use  of  any  library  or  school  book  or  school  apparatus,  school  officers 
or  furniture  whatever,  nor  shall  any  school  officer  be  person-  te°4stedeinD 
ally  interested  in  any  way  whatever  in  any  contract  with  the  contracts'^ 
•district  in  which  he  may  hold  office.    Any  act  or  ne'glect  herein  su^^s861 
prohibited,  performed  by  any  such  officer,  superintendent,  or  deemed  mis- 
teacher,  shall  be  deemed  a  misdemeanor. 

(§149.)    SEC.  10.    All  provisions  of  this  act  shall  apply  and  where  this 
be  in  force  in  every  school  district,  township,  city,  and  village  act  sha11  "PP1*- 
in  this  State,  except  such  as  may  be  inconsistent  with  the 
direct  provisions  of  some  special  enactment  of  the  Legislature. 

(§150.)     SEC.  11.     Chapters  numbered  one  hundred  thirty- chapters  and 
one,   one  hundred  thirty-six,   one  hundred  thirty-seven,   and  acts  repealed, 
one  hundred  thirty-eight  of  the  compiled  laws  of  eighteen 
hundred  seventy-one,  and  act  numbered  forty-two  of  the  ses- 
sion laws  of  eighteen  hundred  seventy-five,  and  all  acts  and 
8 


58 


GENERAL  SCHOOL  LAWS. 


parts  of  acts  amendatory  of  said  chapters  and  said  act,  being 
acts  numbered  forty-one,  forty-two,  fifty-six,  and  sixty-three 
of  the  session  laws  of  eighteen  hundred  seventy-two;  acts  num- 
bered forty-four,  sixty-nine,  seventy-one,  seventy-six,  ninety- 
eight,  one  hundred  nineteen,  one  hundred  thirty-two,  one 
hundred  sixty-four,  and  one  hundred  ninety-three  of  the  ses- 
sion laws  of  eighteen  hundred  seventy-three;  acts  numbered 
thirty-six,  fifty-one,  eighty-four,  ninety-four,  one  hundred  six, 
one  hundred  thirty-seven,  one  hundred  eighty-three,  and  two- 
hundred  thirty  of  the  session  laws  of  eighteen  hundred  seventy- 
five;  acts  numbered  seventy-seven  and  one  hundred  seventy- 
three  of  the  session  laws  of  eighteen  hundred  seventy-seven; 
acts  numbered  forty-four,  forty-six,  one  hundred  fifty-nine, 
one  hundred  sixty-four,  two  hundred  fifty-four,  two  hundred 
fifty-five,  and  two  hundred  sixty-four  of  the  session  laws  -of 
eighteen  hundred  seventy-nine;  and  all  other  acts  and  parts 
of  acts  contravening  the  provisions  of  this  act  are  hereby 
fully  repealed. 


CHAPTER  XV. 


[Act  No.  158,  Laws  of  1881.] 


ELECTION   OF  SCHOOL   INSPECTORS, 


Sections 
amended. 


Annual  meet- 
ing. 


Officers  to  be 
elected. 


Term  of  office 
of  school  in- 
spectors. 


Vacancy. 


Proviso. 


(§151.)  SECTION  1.  Sections  eight  and  fourteen  of  chapter 
twelve  of  the  compiled  laws  of  eighteen  hundred  and  seventy- 
one,  as  amended  by  act  number  forty-two  of  the  session  laws  of 
eighteen  hundred  seventy-five,  are  hereby  amended;  and  sec- 
tion thirteen  of  the  same  chapter,  repealed  by  said  act,  is 
hereby  restored  and  amended;  and  section  one  hundred  and 
three  of  the  same  chapter,  as  amended  by  act  number  one  hun- 
dred ninety-nine  of  the  session  laws  of  eighteen  hundred  sev- 
enty-nine, is  hereby  amended,  all  of  said  sections  to  read  as 
follows : 

(§152.)  SEC.  2.  The  annual  meeting  of  each  township  shall 
be  held  on  the  first  Monday  in  April  in  each  year,  and  at  such 
meeting  there  shall  be  an  election  for  the  following  officers: 
one  supervisor,  one  township  clerk,  one  treasurer,  one  school 
inspector,  one  commissioner  of  highways,  so  many  justices  of 
the  peace  as  there  are  by  law  to  be  elected  in  the  township, 
and  so  many  constables  as  shall  be  ordered  by  the  meeting, 
not  exceeding  four  in  number. 

(§153.)  SEC.  3.  Each  school  inspector  elected  as  aforesaid 
shall  hold  his  office  for  two  years  from  that  time  and  until  his 
successor  shall  be  elected  and  duly  qualified,  except  when 
elected  or  appointed  to  fill  a  vacancy,  in  which  case  he  shall 
hold  the  office  during  the  unexpired  portion  of  the  regular 
term:  Provided,  That  in  the  year  eighteen  hundred  eighty- 


GENERAL  SCHOOL  LAWS.  59 

« 

two  one  additional  school  inspector  in  each  township  shall  be 
elected  for  the  term  of  one  year:  Provided  further,  That  the  Proviso. 
township  superintendent  of  schools  and  school  inspectors,  now 
in  office  shall  continue  to  act  as  school  inspectors,  and 
said  superintendent  of  schools  shall  continue  to  act  as  chair- 
man of  the  board  of  school  inspectors  until  the  school  inspect- 
ors provided  for  by  this  act  shall  have  been  elected  and  duly 
qualified  and  shall  enter  upon  the  duties  of  their  respective 
offices. 

(§154.)     SEC.  4.     Each  of  the  officers  elected  at  such  meet- Term  of  office- 
ings,  except  justices  of  the  peace  and  school  inspectors,  shall 
hold  his  office  for  the  term  of  one  year  and  until  his  successor 
shall  be  elected  and  duly  qualified. 

(§155.)     SEC.  5.     No  person,  except  an  elector  as  aforesaid,  who  eligible 
shall  be  eligible  to  any  elective  office   contemplated   in   thistooffice- 
chapter :    Provided,  however,  That   any   female   person   of   or  Proviso, 
above  the  age  of  twenty-one  years,  who  has  resided  in  this 
State  three  months  and  in  the  township  ten  days  next  preced- 
ing any  election,  shall    be   eligible   to    the    office    of    school 
inspector. 


CHAPTER  XVI. 

[Act  No.  53,  Laws  of  1877.] 

TEACHERS'  INSTITUTES. 

(§156.)  SECTION  1.  All  boards  or  officers  authorized  by  law  Examining 
to  examine  applicants  for  certificates  of  qualification  as  teach- 
ers  shall  collect,  at  the  time  of  examination  from  each  male  tachers, 
applicant  for  a  certificate,  an  annual  fee  of  one  dollar,  and 
from  each  female  applicant  for  a  certificate,  an  annual  fee  of 
fifty  cents;  and  the  director  or  secretary  of  any  school  board 
that  shall  employ  any  teacher  who  has  not  paid  the  fee  herein- 
before provided,  shall  collect  at  the  time  of  making  contract, 
from  each  male  teacher  so  employed,  an  annual  fee  of  one 
dollar,  and  from  each  female  teacher  so  employed,  an  annual 
fee  of  fifty  cents.  All  persons  paying  a  fee,  as  required  by  this 
section,  shall  be  given  a  receipt  for  the  same,  and  no  person 
shall  be  required  to  pay  said  fee  more  than  once,  in  any 
school  year. 

(§157.)    SEC.  2.    All  such  fees  collected  by  the  director  or  Fees  to  be  paid 
secretary  of  any  school  board  shall  be  paid  over  to  the  secre-  Jt°recrouja^terreias" 
tary  of  the  county  board  of  school  examiners  of  the  county  in  ul 
which  they  were  collected,  on  or  before  the  fifteenth  day  of 
March,  June,  September  and  December,  accompanied  by  a  list 
of  those  persons  from  whom  they  were  collected;  and  all  such 

(§156.)  The  requirements  of  the  f-tatutes  apply  to  all  teachers,  whether  applicants 
for  certificates,  or  employed  hy  pchool  board?,  savo  that  but  one  fee  can  be  required 
for  any  one  year.— Fan  Riper,  Attorney  General,  March  21,  1884. 


60 


GENERAL  SCHOOL  LAWS. 


Fees  so  paid 
to  constitute 
teachers'  in- 
stitute fund. 


Annual  county 
institute. 


Provito. 


fees,  together  with  all  those  that  shall  be  collected  by  the 
county  board  of  school  examiners,  shall  be  paid  over  by  the 
secretary  of  said  board  of  school  examiners  to  the  treasurer 
of  the  county  in  which  they  were  collected,  on  or  before  the 
last  day  of  March,  June,  September,  and  December,  in  each 
year,  accompanied  by  a  complete  list  of  all  persons  from  whom 
said  fees  were  collected;  and  a  like  list,  accompanied  by  a 
statement  from  the  county  treasurer  that  said  fees  have  been 
paid  to  him,  shall  be  sent  by  said  secretary  to  the  Superin- 
tendent of  Public  Instruction.  All  moneys  paid  over  to  the 
county  treasurer  as  provided  by  this  act,  shall  be  set  apart 
as  a  teachers'  institute  fund,  to  be  used  as  hereinafter  pro- 
vided. 

(§158.)  SEC.  3.  The  Superintendent  of  Public  Instruction 
shall  annually  appoint  a  time  and  place  in  each  organized 
county  for  holding  a  teachers'  institute,  make  suitable 
arrangements  therefor,  and  give  due  notice  thereof:  Provided, 
That  in  organized  counties  having  less  than  one  thousand 
children  between  the  ages  of  five  and  twenty  years,  the  hold- 
ing of  said  institute  shall  be  optional  with  the  said  superin- 
tendent, unless  requested  to  hold  such  institute  by  fifteen 
teachers  of  the  county  in  which  such  institute  is  to  be  held: 
Provided,  however,  That  if  there  shall  not  be  a  sufficient  number 
of  teachers  in  any  county  to  make  such  request,  then  teachers 
of  adjoining  counties  who  desife  to  attend  such  institute  may 
unite  in  the  required  application  to  said  superintendent: 
Provided  also,  That  the  said  superintendent  may,  in  his  discre- 
tion, hold  an  institute  for  the  benefit  of  two  or  more  adjoin- 
ing counties  and  draw  the  institute  fund  from  each  of  the 
counties  thus  benefited,  as  hereinafter  provided. 

(§159.)  SEC.  4.  The  Superintendent  of  Public  Instruction, 
in  case  of  inability  personally  to  conduct  any  institute  or  to 
make  the  necessary  arrangements  for  holding  the  same,  is 
hereby  authorized  to  appoint  some  suitable  person  for  that 
purpose,  who  shall  be  subject  to  the  direction  of  said  superin- 
tendent. Every  teacher  attending  any  institute  held  in  accord- 
ance with  the  provisions  of  this  act,  shall  be  given  by  the 
Superintendent  of  Public  Instruction  or  by  the  duly  appointed 
conductor,  a  certificate  setting  forth  at  what  sessions  of  said 
institute  such  teacher  shall  have  been  in  attendance;  and  any 
teacher  who  shall  have  closed  his  or  her  school  in  order  to 
attend  said  institute  shall  not  forfeit  his  or  her  wages  as 
teacher  during  such  time  as  he  or  she  shall  have  been  in 
attendance  at  said  institute,  and  the  certificate  hereinbefore 
provided  shall  be  evidence  of  such  attendance. 

(§160.)  SEC.  5.  For  the  purpose  of  defraying  the  expenses 
of  rooms,  fires,  lights,  or  other  necessary  charges,  and  for 
procuring  teachers  and  lecturers,  the  said  superintendent  or 
the  person  duly  authorized  by  him  to  conduct  said  institute, 
may  demand  [an  order]  of  the  county  clerk  of  each  county 
for  the  benefit  of  which  the  institute  is  held,  who  shall  there- 


Proviso. 


Proviso. 


Conductor  of 
institute  may 
be  appointed. 


Teachers  can 
close  school 
to  attend  in- 
stitute. 


Expenses  of 
institute,  how 
paid. 


GENERAL  SCHOOL  LAWS.  61 

upon  draw  an  order  on  the  county  treasurer  of  his  county  for 
such  sum,  not  exceeding  the  amount  of  the  institute  fund  in 
the  county  treasury,  as  may  be  necessary  to  defray  the 
expenses  of  said  institute;  and  the  treasurer  of  said  county 
is  hereby  required  to  pay  over  to  said  superintendent  or  duly 
appointed  institute  conductor,  from  the  institute  funds  in  his 
hands  the  amount  of  said  order. 

(§161.)     SEC.  6.     In  case  the  institute  fund  in  any  county  May  draw  on  > 
shall  be  insufficient  to  defray  the  necessary  expenses  of  any  Jjj£  S^cer-    > 
institute  held  under  the  provisions  of  this  act,  the  Auditor  tain  cases- 
General  shall,  upon  the  certificate  of  the  superintendent  that 
he  has  made  arrangements  for  holding  such  institute  and  that 
the  county  institute  fund  is  insufficient  to  meet  the  expenses 
thereof,  draw  his  warrant  upon  the  State  Treasurer  for  such 
additional  sum  as  said  superintendent  shall  deem  necessary 
for  conducting  such  institute,  which  sum  shall  not  exceed 
sixty  dollars  for  each  institute  of  five  days'  duration,  and  shall 
be  paid  out  of  the  general  fund. 

(§162.)     SEC.  7.     The  superintendent  is  authorized  to  hold,  Yearly  state 
once  in  each  year,  an  institute  for  the  State  at  large  to  be  institute- •*_ M 
denominated  a  State  institute;  and  for  the  purpose  of  defray-  Expenses  to    : 
ing  the  necessary  expenses  of  such  institute,  the  Auditor  Gen-  Jt\te  treaSSy. 
eral  shall,  on  the  certificate  of  said  superintendent  that  he  has 
made  arrangements  for  holding  such  institute,  draw  his  war- 
rant upon  the  State  Treasurer  for  such  sum  as  said  superin- 
tendent shall  deem  necessary  for  conducting  such  institute, 
which  sum  shall  not  exceed  four  hundred  dollars  and  shall  be 
paid  out  of  the  general  fund:     Provided,  That  not  more  than  proviso, 
eighteen  hundred  dollars  shall  be  drawn  from  the  treasury, 
or  any  greater  liability  incurred  in  any  one  year,  to  meet  the 
provisions  of  this  act. 

(§163.)     SEC.  8.     The  Superintendent  of  Public  Instruction,  vouchers  for 
or  the  conductor  of  the  institute  by  him  appointed,  drawing  Payments- 
money  from  the  county  treasurer  under  section  five  of  this 
act,  shall,  at  the  close  of  each  institute,  furnish  to  the  county 
treasurer  vouchers  for  all  payments  from  the  same  in  accord- 
ance with  this  act;  and  he  shall  return  to  the  county  treasurer 
whatever  of  the  amount  that  may  remain  unexpended,  to  be 
replaced  in  the  institute  fund. 

(§164.)  SEC.  9.  An  act  entitled  "An  act  to  establish  Teach-  Acts  repealed, 
ers'  Institutes,"  approved  February  tenth,  eighteen  hundred 
fifty-five,  as  amended  by  act  two  hundred  thirty-nine,  session 
laws  of  eighteen  hundred  sixty-one,  being  compiler's  sections 
three  thousand  seven  hundred  eighty-nine,  three  thousand 
seven  hundred  ninety,  and  three  thousand  seven  hundred 
ninety-one  of  the  compiled  laws  of  eighteen  hundred  seventy- 
one,  are  hereby  repealed. 


62 


GENERAL  SCHOOL  LAWS. 


CHAPTER  XVII. 

[From  Act  No.  194,  Laws  of  1889.] 
NORMAL  SCHOOL  DIPLOMAS  AND  CERTIFICATES. 


Of  the  normal 
school. 


Proviso. 


Course  of 
study,  train- 
ing school,  etc. 


Diplomas. 


Certificate  to 
teach,  when 
granted,  term 
of,  etc. 


pp. 
,  169, 


233. 


•S§  130 


Proviso. 


Life  certifi- 
cates, when 
granted,  etc. 


May  be  re- 
voked. 


(§165.)  SEC.  3.  The  State  Board  of  Education  shall  con- 
tinue the  normal  school  at  Ypsilanti  in  the  county  of  Wash- 
tenaw,  where  it  is  now  located.  The  purpose  of  the  normal 
school  shall  be  the  instruction  of  persons  in  the  art  of  teaching, 
and  in  all  the  various  branches  pertaining  to  the  public  schools 
of  the  State  of  Michigan :  Provided,  There  shall  be  prescribed 
for  said  school  a  course  of  study  intended  specially  to  prepare 
students  for  the  rural  and  elementary  [graded]  schools  of 
this  State,  which  shall  provide  not  less  than  twenty  weeks  of 
special  professional  instruction. 

(§166.)  SEC.  5.  Said  board  shall  provide  all  necessary 
courses  of  study  to  be  pursued  in  the  normal  school,  and  estab- 
lish and  maintain  in  connection  therewith  a  fully  equipped 
training  school  as  a  school  of  observation  and  practice,  and 
shall  grant,  upon  the  completion  of  either  of  said  courses,  such 
diplomas  as  it  may  deem  best;  and  such  diploma,  when 
granted,  shall  carry  with  it  such  honors  as  the  extent  of  the 
course  for  which  the  diploma  is  given  may  warrant  and  said 
Board  of  Education  may  direct. 

(§167.)  SEC.  6.  Upon  the  completion  of  the  course  specially 
prescribed,  as  hereinbefore  provided  for  the  rural  and  elemen- 
tary graded  schools,  said  Board  of  Education  shall,  upon  the 
recommendation  of  the  principal  and  a  majority  of  the  heads 
of  departments  of  said  school,  grant  a  certificate  which  shall 
be  signed  by  said  board  and  the  principal  of  the  normal  school, 
which  certificate  shall  contain  a  list  of  the  studies  included  in 
said  course  and  which  shall  entitle  the  holder  to  teach  in  any 
of  the  schools  of  the  State  for  which  said  course  has  been  pro- 
vided for  a  period  of  five  years :  Provided,  That  said  certificate 
may  be  suspended  or  revoked  by  said  State  Board  of  Education 
upon  cause  shown  by  any  county  board  of  examination,  or  by 
any  board  of  school  officers. 

(§168.)  SEC.  7.  Upon  the  completion  of  either  of  the 
advanced  courses  of  study  prescribed  by  said  State  board, 
which  shall  require  not  less  than  four  years  for  their  comple- 
tion, said  Board  of  Education,  upon  the  recommendation  of  the 
principal  and  a  majority  of  the  heads  of  departments  of  said 
school,  shall  issue  a  certificate  to  the  person  completing  said 
course,  which  certificate  shall  be  referred  to  in  the  diploma 
hereinbefore  provided  to  be  granted.  Said  certificate  shall  set 
forth  a  list  of  the  studies  of  the  course  completed  and,  when 
given,  shall  operate  as  a  life  certificate,  unless  revoked  by  said 
State  Board  of  Education. 


GENERAL  SCHOOL  LAWS.  63 

(§169.)     SEC.  8.     The  Board  of  Education  shall  make  such  Admission  of 
regulations  for  the  admission  of  pupils  to  said  school  as  it  PuPils- 
shall  deem  necessary  and  proper :     Provided,  That  the  appli-  Proviso. ' 
.cant  shall,  before  admission,  sign  a  declaration  of  intention  to 
teach  in  the  schools  in  this  State. 


CHAPTER  XVIII. 

[From  Act  No.  73,  Laws  of  1895  ] 
STATE  CERTIFICATES   TO   TEACHERS. 

(§170.)     SEC.  15.     Said  board  shall  hold  at  least  two  meet- Board  to  grant 
ings  each  year,  at  which  they  shall  examine  teachers  and  shall  °^lfioates' 
grant  certificates  to  such  as  have  taught  in  the  schools  of  this 
State  at  least  two  years,  and  who  shall,  upon  a  thorough  and 
critical  examination  in  every  study  required  for  such  certifi- 
cate, be  found  to  possess  eminent  scholarship,  ability  and  good 
moral  character.    Such  certificate  shall  be  signed  by  the  mem- 
bers of  said  board  and  be  impressed  with  its  seal,  and  shall 
entitle  holder  to  teach  in  any  of  the  public  schools  of  this 
State  without  further  examination,  and  shall  be  valid  for  life, 
unless  revoked  by  said  board.    No  certificate  shall  be  granted 
except   upon   the  examination  herein   prescribed:     Provided, 
That  the  said  State  Board  of  Education  may,  in  its  discretion,  certificates  of 
endorse  State  teachers'  certificates  or  normal  school  diplomas  other  8tates- 
granted  in  other  States,  if  it  be  shown  to  the  satisfaction  of 
such  board  that  the  examinations  required  or  courses  of  study 
pursued  are  fully  equal  to  the  requirements  of  this  State. 


CHAPTER  XIX. 

[Act  No.  175,  Laws  of  1897.] 
THE  RELATIONS   OF  EXISTING  NORMAL  SCHOOLS. 

SECTION  1.    The  People  of  the  State  of  Michigah  enact,   That  Uniformity  of 
the  State  Board  of  Education  shall  maintain  substantial  uni- courses 
f ormity  and  reciprocity  in  the  courses  of  study  of  the  Central 
Michigan  Normal  School,^ind  with  any  related  courses  which 
may  be  offered  at  the  State  Nornial  School  at  Ypsilanti;  so 
that  transfer  of  students  from  one  school  to  another  sha  11  not 
lead  to  loss  of  standing  for  similar  courses ;  and  shall,  upon  the 
completion  of  the  course  by  any  student  in  the  Central  Michi- 
gan Normal  School,  and  upon  recommendation  of  the  principal  Granting  of 
and  a  majority  of  the  faculty  thereof,  grant  the  following  cer-  certificates, 
tificate  only,  which  shall  be  signed  by  said  board  and  faculty, 


64 


GENERAL  SCHOOL  LAWS. 


For  two  years. 


or  such  members  thereof  as  the  board  may  direct;  which  cer- 
tificates shall  contain  a  list  of  studies  included  in  said  courses, 
and  which  shall  entitle  the  holder  to  teach  in  any  of  the 
schools  of  the  State  for  which  said  courses  have  been  provided, 
as  follows: 

I.  Upon  the  completion  of  a  course  of  study  containing  the 
branches  of  instruction  required  by  law  for  a  third  grade 
county  certificate,  and  such  work  in  science  and  art  of  teaching 
as  said  Board  of  Education  may  require,  the  board  shall  "issue 
a  certificate,  valid  for  two  years,  authorizing  the  holder  to 
teach  in  any  district  school  of  this  State  employing  not  more 
than  one  teacher:    Provided,  That  said  two  years'  certificates 
may  be  once  renewed  for  a  like  period  upon  satisfactory  evi- 
dence to  the  granting  power  of  successful  experience  in  teach- 
ing. 

II.  Upon  the  completion  of  a  course  of  instruction  contain- 
ing the  branches  of  instruction    required    for   a   first    grade 
county  certificate,  and  such  additional  wrork  in  the  science  and 
art  of  teaching  as  said  Board  of  Education  may  require,  said 
board  shall  grant  a  certificate,  valid  throughout  the  State  for 
a  period  of  three  years:    Provided,  That  said  three  year  cer- 
tificate may  be  once  renewed  for  a  like  period,  upon  satisfac- 
tory evidence  to  the  granting  power,  of  successful  experience 
in  teaching. 

SEC.  2.  The  State  Board  of  Education  may,  through  the 
State  Normal  School  at  Ypsilanti,  grant  similar  certificates 
for  elementary  graded  and  rural  schools  as  in  their  judgment 
shall  seem  wise,  and  shall  through  the  same  institution  con- 
tinue to  grant  certificates  good  for  five  years,  life  certificates, 
diplomas  and  degrees,  as  are  now  provided  by  statute  and 
custom;  and  in  recognition  of  the  work  now  being  done  under 
existing  laws,  in  those  life  certificates  and  degree  courses  in 
the  State  Normal  School  at  Ypsilanti,  the  State  Board  of  Edu- 
cation is  empowered  to  designate  that  school  in  the  courses 
leading  to  such  certificate  and  degree  by  the  name,  The  Michi- 
gan State  Normal  College. 

All  acts  or  parts  of  acts  conflicting  with  the  provisions  of 
this  act  are  hereby  repealed. 


Renewal  of 
two-year  cer- 
tificate. 


For  three 
years. 


Renewal  of 

three-year 

certificate. 


For  five  years. 


Life  certifi- 
cates. 


CHAPTER  XX. 

[Act  No.  117,  Laws  of  1855.] 

TEACHERS'  ASSOCIATION, 


-  (§171.)  SECTION  1.  Any  fifteen  or  more  teachers,  or  other 
persons  residing  in  this  State,  who  shall  associate  for  the  pur- 
pose of  promoting  education  and  science,  and  improvements  in 


GENERAL  SCHOOL  LAWS.  65 

the  theory  and  practice  of  teaching,  may  form  themselves  into 

a  corporation,  under  such  name  as  they  may  choose,  providing 

they  shall  have  published  in  some  newspaper  printed  at  Lan-  Notice  to  be 

sing  or  in  the  county  in  which  such  association  is  to  be  located,  pub 

for  at  least  one  month  previous,  a  notice  of  the  time,  place,  and 

purpose  of  the  meeting  for  such  association,  and  shall  file  in 

the  office  of  the  Secretary  of  State  a  copy  of  the  constitution  constitution, 

and  by-laws  of  said  association.  where  filed- 

(§172.)    SEC.  2.    Such  association  may  hold  and  possess  real  May  hold 
and  personal  property  to  the  amount  of  five  thousand  dollars ;  Pr°Perty- 
but  the  funds  or  property  thereof  shall  not  be  used  for  any  Restrictions 
other  purpose  than  the  legitimate  business  of  the  association  up°nitsuse. 
in  securing  the  objects  of  its  corporation. 

(§173.)  SEC.  3.  Upon  becoming  a  corporation  as  herein- Privileges  and 
before  provided,  they  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  of  a  corporation,  according 
to  the  provisions  of  chapter  fifty-five  of  the  revised  statutes 
of  this  State  [Chap.  130,  compiled  laws  of  1871],  so  far  as  such 
provisions  shall  be  applicable  in  such  case  and  not  inconsistent 
with  the  provisions  of  this  act. 


CHAPTER  XXI. 

[  Act  No.  131,  Laws  of  1875.  ] 
KEEPING    OF   PUBLIC    MONEYS. 

(§174.)     SECTION  1.    All  moneys  which  shall  come  into  the  "Public 
hands  of  any  officer  of  the  State,  or  of  any  officer  of  any  county  flS78  de" 
or  of  any  township,  school  district,  highway  district,  city,  orseeAPP.A, 
village,  or  of  any  other  municipal  or  public  corporation  within  lf  50"79' 
this  State,  pursuant  to  any  provision  of  law  authorizing  such 
officer  to  receive  the  same,  shall  be  denominated  public  moneys 
within  the  meaning  of  this  act. 

(§175.)    SEC.  2.    It  shall  be  the  duty  of  every  officer  charged  Public. moneys 
with  receiving,  keeping  or  disbursing  of  public  moneys  to  a^ateSm^u 
keep  the  same  separate  and  apart  from  his  own  money,  and  he  other  funds- 
shall  not  commingle  the  same  with  his  own  money,  nor  with 
the  money  of  any  other  person,  firm,  or  corporation. 

(§176.)  SEC.  3.  No  such  officer  shall,  under  any  pretext,  HOW  used, 
use  nor  allow  to  be  used,  any  such  moneys  for  any  purpose 
other  than  in  accordance  with  the  provisions  of  law;  nor  shall 
he  use  the  same  for  his  own  private  use,  nor  loan  the  same 
to  any  person,  firm,  or  corporation,  without  legal  authority  so 
to  do. 

(§177.)    SEC.  4.    In  all  cases  where  public  moneys  are  author- interest  on 
ized  to  be  deposited  in  any  bank,  or  to  be  loaned  to  any  ^o^stit'ute7* 
individual,  firm,  or  corporation,  for  interest,  the  interest  accru-  general  fund. 


66 


GENERAL  SCHOOL  LAWS. 


ing  upon  such  public  moneys  shall  belong  to  and  constitute 
a  general  fund  of  the  State,  county,  or  other  public  or  munici- 
pal corporation,  as  the  case  may  be. 

(§178.)  SEC.  5.  In  no  case  shall  any  such  officer,  directly  or 
indirectly,  receive  any  pecuniary  or  valuable  consideration 
as  an  inducement  for  the  deposit  of  any  public  moneys  with 
any  particular  bank,  person,  firm,  or  corporation. 

(§179.)  SEC.  6.  The  provisions  of  this  act  shall  apply  to  all 
deputies  of  such  officer  or  officers,  and  to  all  clerks,  agents, 
and  servants  of  such  officer  or  officers. 

(§180.)  SEC.  7.  Any  person  guilty  of  a  violation  of  any  of 
the  provisions  of  this  act  shall,  on  conviction  thereof,  be  pun- 
ished by  a  fine  not  exceeding  one  thousand  dollars,  or  impris- 
onment in  the  county  jail  not  exceeding  six  months,  or  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court: 
Provided,  That  nothing  in  this  act  contained  shall  prevent  a 
prosecution  under  the  general  statute  for  embezzlement  in 
cases  where  the  facts  warrant  a  prosecution  under  such  gen- 
eral statute. 

(§181.)  SEC.  8.  Any  officer  who  shall  wilfully  or  corruptly 
drawr  or  issue  any  warrant,  order,  or  certificate  for  the  pay- 
ment of  money  in  excess  of  the  amount  authorized  by  law,  or 
for  a  purpose  not  authorized  by  law,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  may  be  punished  as  provided  in  the 
preceding  section. 


Officers  not  to 
receive  con- 
sideration for 
deposit  of 
money  with 
particular 
bank,  etc.  . 
Provisions  of 
this  act  to  ap- 
ply to  deputies, 
etc. 

Penalty  for 
violating  pro- 
visions of  this 
act. 


Proviso. 


Penalty  for 
illegal  payment 
of  money. 


CHAPTER  XXII. 


Duty  of 
parents  and 
guardians  to 
send  children 
to  school. 


In  private 
schools. 


[Act  No.  95,  Public  Acts  of  1895,  as  amended  by  Act  No.  67,  Public  Acts  of  1897.] 
COMPULSORY   EDUCATION   OF   CHILDREN. 

(§182.)  SECTION  1.  That  every  parent,  guardian  or  other 
person  in  the  State  of  Michigan  having  control  and 
charge  of  any  child  or  children  between  the  ages  of 
eight  and  sixteen  years  and  in  cities  between  the  ages 
of  seven  and  sixteen  years,  shall  be  required  to  send  such 
child  or  children  to  the  public  school  for  a  period  of  at  least 
four  months  in  each  school  year,  except  that  in  cities  having 
a  duly  constituted  police  force,  the  attendance  at  school  shall 
not  be  limited  to  four  months  beginning  on  the  first  Monday 
of  the  first  term  commencing  in  his  or  her  district  after  Sep- 
tember first  of  each  year.  And  such  attendance,  in  cities,  shall 
be  consecutive  until  each  and  every  pupil  between  the  ages 
of  seven  and  sixteen  years  shall  have  attended  school  the 
entire  school  year  previous  to  the  thirtieth  day  of  June  in 
each  school  year:  Provided,  If  it  be  shown  that  any  such  child 
.or  children  are  being  taught  in  a  private  school  in  such 
branches  as  are  usually  taught  in  the  public  schools,  or  have 
already  acquired  the  ordinary  branches  of  learning  taught  in 


GENERAL  SCHOOL  LAWS.  71 

and  physiology  and  hygiene;  but    text-books    once    adopted 
under  the  provisions  of  this  act  shall  not  be  changed  within 
five  years:     Provided,  That  the  text-books  on   the   subject  of  Proviso, 
physiology  and  hygiene  must  be  approved  by  the  State  Board 
of  Education  and  shall  in  every  way  comply  with  section 
fifteen  of  act  number  one  hundred  sixty-five  of  the  public  acts 
of  eighteen  hundred  eighty-seven,  approved  June  ninth,  eight- 
een hundred  eighty-seven:     And  provided  further,  That  all  text-  Proviso, 
books  used  in  any  district  shall  be  uniform  in  any  one  subject. 

(§193.)     SEC.  2.     The  district  board  of  each  school  district  District  board 
shall  select  the  kind  of  text-books  on  subjects  enumerated  in  books80* text" 
section  one,  to  be  taught  in  schools  of  their  respective  districts: 
Provided,   That   nothing  herein   contained   shall   require   any 
change  in  text-books  now  in  use  in  such  district.     They  shall  Vote  to  be 
cause  to  be  posted  in  a  conspicuous  place,  at  least  ten  days 
prior  to  the  first  annual  school  meeting  from  and  after  the 
^passage  of  this  act,  a  notice  that  those  qualified  to  vote  upon  act 
the  question  of  raising  money  in  said  district  shall  vote  at  such 
annual  meeting  to  authorize  said  district  board   to   purchase 
and  provide  free  text-books  for  the  use  of  the  pupils  in  said 
district.     If  a  majority  of  all  the  voters,  as  above  provided, 
present  at  such  meeting,  shall  authorize  said  board  to  raise  by 
tax  a  sum  sufficient  to  comply  with  the  provisions  of  this  act; 
the  district  board  shall  thereupon  make  a  list  of  such  books 
and  file  one  copy  with  the  township  clerk  and  keep  one  copy 
posted  in  the  school,  and  due  notice  of  such  action  by  the  dis- 
trict shall  be  noted  in  the  annual  report  of  the  Superintendent 
of  Public  Instruction.    The  district  board  shall  take  the  neces-  District  board 
sary  steps  to  purchase  such  books  for  the  use  of  all  pupils  ^^ESSs8 
in  the  several  schools  of  their  districts,  as  hereinafter  provided,  when  author- 
The  text-books  so  purchased  shall  be  the  property  of  the  dis- 1: 
trict  purchasing  the  same,  and  shall  be  loaned  to  pupils  free 
of  charge,  under  such  rules  and  regulations  for  their  careful 
use  and  return  as  said  district  board  may  establish:     Provided,  proviso. 
That  nothing  herein  contained  shall  prevent  any  person  from 
buying  his  or  her  books  from  the  district  board  of  the  school 
in  which  he  or  she  may  attend:     Provided  further,  That  noth-  pr0viso. 
ing  herein  contained  shall  prevent  any  district   having  once 
adopted  or  rejected  free  text-books,  from  taking  further  action 
on  the  same  at  any  subsequent  annual  meeting. 

(§193.)     SEC.  3.     It  shall  be  the  duty  of  the  district  board  of  Board  to  con- 
any  school  district  adopting  free  text-books  provided  for  in  p^Jj^ 
this  act  to  make  a  contract  with  some  dealer  or  publisher  to  etc. 
furnish  books  used  in  said  district  at  a  price  not  greater  than 
the  net  wholesale  price  of  such  books:     Provided,  That  any  Provi80. 
district,  may,  if  it  so  desires,  authorize  its  district  board  to 
advertise  for  proposals  before  making  such  contract. 

(§194.)     SEC.  4.     The  district  board  of  every  school  district  Board  to  make 
in  the  State  adopting  free  text-books  under  this  act  shall  make  jj»j ^  esti' 
and  prepare  annually  an   estimate  of   the  amount  of   money  amount  to 
necessary  to  be  raised  to  comply  with  the  conditions  of  this 


72 


GENERAL  SCHOOL  LAWS. 


When  director 
to  purchase 
books,  etc. 


Refusal  or 
iieglectjof  x 
duty  a  misde- 


act,  and  shall  add  such  amount  to  the  annual  estimates  made 
for  money  to  be  raised  for  school  purposes  for  the  next  ensuing 
year.  Said  sum  shall  be  in  addition  to  the  amount  now  pro- 
vided by  law  to  be  raised,  which  amount  each  township  clerk 
shall  certify  to  the  supervisor  of  his  township  to  be  assessed 
upon  the  taxable  property  of  the  respective  districts  as  pro- 
vided by  law  for  raising  the  regular  annual  estimates  of  the 
respective  district  boards  for  school  purposes,  and  when  col- 
lected shall  be  paid  to  the  district  treasurer  in  the  same  man- 
ner as  all  other  money  belonging  to  said  district  is  paid. 

(§195.)  SEC.  5.  On  the  first  day  of  February  next  after  the 
tax  shall  have  been  levied,  the  director  of  said  district  may 
proceed  to  purchase  the  books  required  by  the  pupils  of  his 
district  from  the  list  mentioned  in  section  one  of  this  act,  and 
shall  draw  his  warrant,  countersigned  by  the  moderator,  upon 
the  treasurer  or  assessor  of  the  district  for  the  price  of  the 
books  so  purchased,  including  the  cost  of  transportation. 

(§196.)  SEC.  6.  If  the  officers  of  any  school  district,  which 
has  so  voted  to  supply  itself  with  text-books,  shall  refuse  or 
neglect  to  purchase,  at  the  expense  of  the  district,  for  the  use 
of  the  pupils  thereof,  the  text-books  as  enumerated  in  section 
one  of  this  act,  or  to  provide  the  money  therefor  as  herein 
prescribed,  each  officer  or  member  of  such  board  so  refusing, 
or  neglecting,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  before  a  court  of  competent  juris- 
diction, shall  be  liable  to  a  penalty  of  not  more  than  fifty 
dollars  or  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  thirty  days,  or  by  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court:  Provided,  That  any  district 
board  may  buy  its  books  of  local  dealers,  if  the  same  can  be 
purchased  and  delivered  to  the  director  as  cheaply  as  if 
bought  of  the  party  who  makes  the  lowest  bid  to  the  district 
board:  Provided  further,  That  school  districts  in  cities  organ- 
ized under  special  charters  shall  be  exempt  from  the  provisions 
of  this  act;  but  such  districts  may,  when  so  authorized  by  a 
majority  vote  of  their  district  boards,  submit  the  question  of 
free  text-books  to  the  qualified  voters  of  said  districts.  If  a 
majority  of  the  qualified  electors  vote  in  favor  of  furnishing 
free  text-books,  such  district  boards  shall  have  authority  to 
proceed  under  the  provisions  of  this  act. 


Penalty. 


Proviso. 


Further 
proviso. 

In  cities 
boards  may 
submit  ques- 
tion to  voters 
of  district. 


Who  consti- 
tutes board. 


CHAPTER  XXV. 

[Act  No.  198,  Public  Acts  of  1897.] 
UNIFORMITY   OF   TEXT-BOOKS. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact,  That 
the  State  Board  of  Education,  together  with  three  county 
school  commissioners  to  be  appointed  by  the  Governor  and  to 


GENERAL  SCHOOL  LAWS.  73 

serve  for  the  term  of  five  years,  shall  constitute  a  board  of  com- 
missioners for  the  purpose  of  making  a  selection  or  procur- 
ing the  compilation  for  use  in  the  common  or  primary  schools 
of  the  State  of  Michigan  of  a  series  of  text-books  in  the  fol- 
lowing branches  of  study:  Spelling,  reading,  arithmetic,  Branching  of 
geography,  English  grammar,  physiology,  history  of  the 8tudy> 
United  States,  civil  government  of  the  United  States  and 
civil  government  of  Michigan,  algebra,  physics,  and  a  graded 
system  of  writing  books:  Provided,  That  none  of  said  text- 
books shall  contain  anything  of  a  partisan  or  sectarian  char- 
acter: And  provided  further,  That  the  foregoing  books  shall  character  and 
be  at  least  equal  in  size  and  quality  as  to  matter,  material,  g^ty  of 
style  of  binding  and  mechanical  execution  to  the  following 
text-books  now  in  general  use,  namely:  The  speller  to  Har- 
rington's spelling  book,  the  readers  to  Swinton's  readers,  the 
arithmetics  to  Milnes'  arithmetics,  the  geographies  to  Frye's 
geographies,  the  grammars  to  Hyde's  grammars,  the  physiol- 
ogy to  Hutchinson's  physiologies,  the  histories  to  Fisk's  his- 
tories of  the  United  States,  the  civil  goverment  to  Thorpe- 
King's  civil  government  of  the  United  States  and  to  Thorpe- 
King's  civil  government  of  Michigan,  the  algebra  to  Went- 
worth's  algebras,  the  physics  to  Gage's  physics,  and  the  writ- 
ing books  to  the  Electic  copy  books. 

SEC.  2.     The  said  board  of  commissioners  shall,  after  Janu-  Advertising 
ary  thirteen,  eighteen  hundred  and  ninety-nine,  advertise  for  p™JJJJSJ[ 
twenty-one  consecutive  days  in  two  daily  papers  published  in 
this  State,  having  the  largest  circulation,  and  in  one  newspaper 
of  general  circulation  in  each  of  the  cities,  New  York,  Phila- 
delphia, Cincinnati,  Chicago  and  St.  Louis,  that  at  a  time  and 
place  to  be  fixed  by  said  notice,  and  not  later  than  six  months 
after  the  first  publication    thereof,  said    board    will    receive 
sealed  proposals  on  the  following: 

First,  From  publishers  of  school  text-books,  for  furnishing  Prom  pub. 
books  for  use  in  the  common  or  primary  schools  of  this  State,  ushers, 
as  provided  in  this  act,  for  a  term  of  five  years,  stating  specific- 
ally in  such  bid  the  price  at  which  each  book  will  be  fur- 
nished, and  accompanying  such  bid  with  copies  of  each  and 
all  books  proposed  to  be  furnished  in  such  bid; 

Second,  From  the  [authors]    authers   of   school   text-books  From  authors. 
who  have  manuscripts  of  books  not  published,  for  prices  at 
.which  they  will  sell  their  manuscripts,  together  with  the  copy- 
right of  such  books  for  use  in  the  public  schools  of  the  State 
of  Michigan; 

Third,  From  persons  who  are  willing  to  undertake  the  com-  From  com. 
pilation  of  a  book  or  books,  or  a  series  of  books,  as  provided  Pilers- 
for  in  section  one  of  this  act,  the  price  at  which  they  are  will- 
ing to  undertake  such  compilation  of  any  or  all  such  books, 
to  the  satisfaction  of  and  acceptance  of  the  said  board  of 
commissioners:     Provided,  That  any  and  all  bids  by  publish- Bidaccompa. 
ers,  herein  provided  for,  must  be  accompanied  by  a  bond  in  the  niedt>y  bond- 
penal  sum  of  fifty  thousand  dollars,  with  surety,  to  the  accept- 
10 


74 


GENERAL  SCHOOL   LAWS. 


Bid  accom- 
panied by 
affidavit. 


Regarding  free 
compilations. 


ance  and  satisfaction  of  the  Governor  of  this  State,  con- 
ditioned that  if  any  contract  be  awarded  to  any  bidder  here- 
under,  such  bidder  will  enter  into  a  contract  to  perform  the 
conditions  of  his  bid  to  the  acceptance  and  satisfaction  of  said 
board:  And  provided  further,  That  no  bid  shall  be  considered 
unless  the  same  shall  be  accompanied  by  the  affidavit  of  the 
bidder  that  he  is  in  nowise,  directly  or  indirectly,  connected 
with  any  other  publisher  or  firm  who  is  now  bidding  for  books 
submitted  to  such  board,  nor  has  any  pecuniary  interest  in  any 
other  publisher  or  firm  bidding  at  the  same  time  and  that  he  is 
not  a  party  to  any  compact,  syndicate  or  other  scheme  whereby 
the  benefits  of  competition  are  denied  to  the  people  of  this 
State :  And  be  it  further  provided,  That  if  any  competent  author 
or  authors  shall  compile  any  one  or  more  books  of  the  first  order 
of  excellence  and  shall  offer  the  same  as  a  free  gift  to  the  peo- 
ple of  this  State,  together  with  the  copyright  of  the  same  and 
the  right  to  manufacture  and  sell  such  works  in  the  State  of 
Michigan  for  use  in  the  public  schools  it  shall  be  the  duty  of 
such  board  of  commissioners  to  pay  no  money  for  any  manu- 
script for  such  book  or  books  on  the  subject  tfeated  of  in  the 
manuscript  so  donated;  and  such  board  shall  have  the  right 
to  reject  any  and  all  bids  and  at  their  option  such  board  shall 
have  the  right  to  reject  any  bid  as  to 'a  part  of  such  books,  and 
to  accept  the  same  as  to  the  residue  thereof. 

SEC.  3.  It  shall  be  the  duty  of  such  board  to  meet  at  the 
time  and  place  mentioned  in  such  notice,  and  open  and  exam- 
ine all  sealed  proposals  received  pursuant  to  the  notice  pro- 
vided for  in  section  two  of  this  act,  and  it  shall  be  the  further 
duty  of  such  board  to  make  a  full,  complete  and  true  investi- 
gation of  all  such  bids  or  proposals,  and  to  ascertain  under 
which  of  said  proposals  or  propositions  the  school  books  can 
be  furnished  to  the  people  of  this  State  for  use  in  the  com- 
mon schools  at  the  lowest  price,  taking  into  consideration  the 
size  and  quality  as  to  matter,  material,  style  of  binding,  and 
mechanical  execution  of  such  books:  Provided  always,  That 
such  board  shall  not,  in  any  case,  contract  with  any  author, 
publisher  or  publishers,  for  the  furnishing  of  any  book,  manu- 
script, copyright  or  books,  which  shall  be  sold  to  the  people 
for  use  in  the  public  schools  of  this  State  at  a  price  above  or 
in  excess  of  the  following,  which  shall  include  a  profit  to  the 
retail  dealer  in  such  books  of  twenty  (20)  per  cent,  namely; 
for  a  spelling  book,  fifteen  (15)  cents;  for  a  first  reader,  fifteen 
(15)  cents;  for  a  second  reader,  twenty-five  (25)  cents;  for  a 
third  reader,  thirty-five  (35)  cents;  for  a  fourth  reader,  forty- 
five  (45)  cents;  for  a  fifth  reader,  sixty  (60)  cents;  for  an 
arithmetic,  intermediate,  thirty  (30)  cents,  for  an  arithmetic, 
complete,  forty-five  (45)  cents;  for  a  geography,  primary,  thirty- 
five  (35)  cents;  for  a  geography,  complete,  ninety  (90)  cents; 
for  an  English  [grammar]  grammer,  elementary,  twenty-five 
(25)  cents;  for  an  English  grammar,  complete,  fifty-five  (55) 


Rejection  of 
bids. 


Opening  and 
investigation 
«f  proposals. 


Profits  of  retail 
dealers. 


GENERAL  SCHOOL  LAWS.  75- 

cents;  for  a  primary  physiology,  twenty-five  (25)  cents;  for  a 
higher  physiology,  seventy-five  (75)  cents;  for  an  elementary 
history  of  the  United  States,  thirty  (30)  cents;  for  a  complete 
history  of  the  United  States,  seventy-five  (75)  cents;  for  a  civil 
government  of  the  United  States,  sixty  (GO)  cents;  for  a  civil 
government  of  Michigan,  twenty-five  (25)  cents;  algebra  for 
beginners,  thirty-five  (35)  cents;  algebra,  complete,  sixty  (60) 
cents;  for  copy  books,  each,  five  (5)  cents. 

SEC.  4.     If  upon  the  examination  of  such  proposals,  it  shall  Publication  of 
be  the  opinion  of  such  board  of  commissioners  that  such  books  S>ard.8C"pt  l 
can  be  furnished  cheaper  to  the  patrons,  for  the  use  in  com- 
mon or  primary  schools  of  the  State,  by  procuring  and  causing 
to  be  published  the  manuscript  of  any  or  all  of  such  books, 
it  shall  be  their  duty  to  procure  such  manuscript  and  to  adver- 
tise for  sealed  proposals  for  publishing  the  same,  in  like  man- 
ner as  hereinafter  provided,  and  under  the  same  conditions 
and  restrictions.    And  such  contract  may  be  let  for  the  pub- 
lication of  all  such  books,  or  for  any  one  or  more  of  such  Payment  for 
books  separately;  and  it  shall  be  the  further  duty  of  such  ma'»»oriPt- 
board  of  commissioners  to  provide,  in  the  contract  for  the 
publication  of  any  such  manuscript,  for  the  payment,  by  the 
publisher,  of  the  compensation  agreed  between  such  board 
and  the  author  or  owner  of  any  such  manuscript,  for  such 
manuscript,  together  with  the  cost  or  expense  of  copyrighting 
the  same. 

SEC.  5.     It  shall  be  a  part  of  the  terms  and  conditions  of  Supply  and 
every  contract  made  in  pursuance  of  this  act  for  the  publica-  pnc 
tion  of  any  book  or  books,  that  such  contractor  shall  sell,  or 
cause  to  be  sold  for  cash  to  all  merchants  and  dealers  and  to 
such  school  districts  as  are  now  or  may  hereafter  furnish  free 
text-books  for  use  in  school  or  schools  of  said  district  who 
may  apply  therefor,  and  in  such    quantities    as    they    may 
require,  a  sufficient  number  of  such  books  as  are  published 
under  such  contract  to  fully  and  promptly  supply  the  demand 
for  said  books,  which  book  or  books  shall  be  sold  to  merchants 
or  dealers  and  to  said  school  districts  at  a  price  twenty  (20)  per 
cent  less  than  the  contract  price  of  such  book  or  books.     It  Terms  for 
shall  also  be  a  part  of  the  terms  and  conditions  of  every  con-  introduction, 
tract  made  in  pursuance  of  this  act  that  said  contractor  shall 
furnish  the  book  or  books  published  under  such  contract  for 
introduction  into  the  schools  in  exchange  for  the  books  in 
use  in  said  schools  on  same  subjects  and  of  the  same  grade, 
at  a  discount  of  fifty  per  cent  from  the  contact  price  of  said 
books.     It  shall  also  be  stipulated  in  every  contract  made  in 
pursuance  of  this  act,  that  any  book  or  books  published  under  stipulations  of 
said  contract  shall  be  equal  in  quality  as  to  matter,  material,  °°ntract- 
style  of  binding  and  mechanical  execution  to  the  books  named 
in  section  one  of  this  act,  and  any  failure  of  the  contractor  to 
maintain  the  standard  of  excellence  of  the  said  book  or  books 
fully  up  to  the  standard  herein  named  shall  work  a  forfeiture 
of  said  contract;  also  that  contracts  made  for  the  publication 


76 


GENERAL  SCHOOL  LAWS. 


Penalty  for 
extra  charges. 


Labeling  of 
books. 


of  physics,  histories,  and  geographies  shall  stipulate  that  said 
books  shall  be  revised  every  three  years  as  directed  by  said 
board  of  commissioners  in  order  that  said  books  may  be  fully 
up  to  date  as  to  the  events  transpiring  in  the  world  in  rela- 
tion to  the  subjects  treated  on  in  said  books. 

SBC.  6.  Any  merchant  or  dealer  who  shall  knowingly  or 
wilfully  charge,  receive,  collect  or  attempt  to  charge  or  col- 
lect for  any  school  book  or  books  by  him  sold  to  any  school 
patron  or  pupil,  any  sum  in  excess  of  the  price  at  which  such 
book  or  books  are  required  to  be  sold  by  law,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  imprisoned  in  the  county  jail  not  more  than  six  months 
nor  less  than  thirty  days,  and  fined  in  any  sum  not  exceeding 
five  hundred  dollars. 

SEC.  7.  It  shall  be  the  duty  of  any  person  or  persons,  firm 
or  corporation,  who  may  hereafter  furnish  or  supply  books 
under  the  provisions  of  this  statute  to  print  in  large  letters 
upon  the  outside  of  the  first  cover  of  each  book  so  furnished 
and  supplied  by  him  or  them,  the  name  of  the  adopted  book, 
and  upon  the  outside  of  the  back  cover  the  price  at  which  such 
book  is  furnished  to  be  sold  to  the  patrons  or  pupils  of  the 
public  schools  of  this  State  under  each  contract,  and  it  shall  be 
the  duty  of  all  county  school  commissioners  and  school  teach- 
ers to  see  that  all  the  books  so  furnished  for  use  in  the  public 
schools  of  the  State  shall  bear  such  imprint:  Provided,  This 
section  shall  not  apply  to  copy  books. 

SEC.  8.  The  books  which  may  hereafter  be  adopted  by  the 
State  of  Michigan  for  use  in  its  common  or  primary  schools 
by  virtue  of  this  act,  shall  be  uniformly  used  in  all  the  com- 
mon or  primary  schools  of  the  State,  except  as  hereinafter  pro- 
vided, in  teaching  the  branches  of  learning  treated  of  in  such 
books,  and  it  shall  be  the  duty  of  the  proper  school  officers 
and  authorities  to  use  in  such  schools  such  books  for  teaching 
the  subjects  treated  in  them:  Provided,  That  no  school  shall 
be  prohibited  from  using  any  supplementary  books :  Provided, 
however,  That  the  provisions  of  this  act  shall  not  be  mandatory 
on  districts  that  are  furnishing  free  text-books  for  use  in  the 
school  or  schools  of  the  district,  or  that  may,  at  the  annual 
school  meeting  or  at  any  special  or  general  election  in  the 
years  eighteen  hundred  and  ninety-seven  and  eighteen  hun- 
dred and  ninety-eight,  by  a  majority  vote  of  the  qualified  elect- 
ors of  said  district,  determine  to  furnish  free  text-books  for 
use  in  the  school  or  schools  of  the  district,  and  it  shall  be  the 
duty  of  the  school  board  of  the  several  districts  that  have  not 
previously  adopted  free  text-books  to  submit  the  question 
of  the  adoption  of  free  text-books  to  the  electors  of  the  dis- 
trict at  any  annual  school  meeting  or  special  or  general  elec- 
tion during  the  years  eighteen  hundred  and  ninety-seven  and 
eighteen  hundred  and  ninety-eight  under  the  conditions  and 
provisions  of  act  number  one  hundred  and  forty-seven  of 
the  session  laws  of  eighteen  hundred  and  eighty-nine:  And 


Books  used  in 
common  or 
primary 

schools. 


Districts  that 
are  exempted. 


GENERAL  SCHOOL  LAWS.  77 

provided  further,  That  the  provisions  of  this  act  shall  not  be 
mandatory  on  any  district  which  shall  at  any  annual,  special, 
or  general  election  during  the  years  eighteen  hundred  and 
ninety-seven  and  eighteen  hundred  and  ninety-eight  determine, 
by  a  majority  vote  of  the  qualified  electors  of  said  district  vot- 
ing on  the  subject,  not  to  come  thereunder. 

SEC.  9.     It  shall  be  a  part  of  the  terms  and  conditions  of  compensation 
every  contract,  made  in  pursuance  of  this  act,  that  the  State  of  contractors, 
of  Michigan  shall  not  be  liable  to  any  contractor  hereunder  for 
any  sum  whatever;  but  that  all  such  contractors  shall  receive 
their  pay  and  compensation  solely  and  exclusively  from  the 
proceeds  of  the  sale  of  the  books,  as  provided  for  in  this  act. 

SEC.  10.     As  soon  as  such   board    of   commissioners   shall  Proclamation 
have  entered  into  a  contract  or  contracts  for  the  furnishing  of  by  8°vemor. 
books  for  use  in  the  public  schols  of  this  State,  pursuant  to 
the  provisions  of  this  act,  it  shall  be  the  duty  of  the  Governor 
to  issue  his  proclamation  announcing  such  fact  to  the  people 
of  the  State. 

SEC.  11.     The  sum  of  one  thousand  dollars  is  hereby  appro-  state  appro- 
priated out  of  any  funds  in  the  State  treasury  not  otherwise  pris 
appropriated  for  the  purpose  of  paying  the  cost  and  expenses 
incident  to  the  giving  of  the  notices  herein  provided  for,  and 
carrying  out  the  provisions  of  this  act.     All  laws  and  parts  of 
laws  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed. 


CHAPTER  XXVI. 

[Act  No.  176,  Public  Acts  of  1891.] 
ORGANIZATION  OF    TOWNSHIP   DISTRICTS, 

(§197.)     SECTION  1.     Whenever  the  qualified  electors  of  any  petiti<mfor 
organized  township  in  the  upper  peninsula  desire  to  become  °rganizatiOD- 
organized  into  a  sidgle  school  district,  they  may  petition  the 
township  board  to  give  notice  that,  at  the  succeeding  town- 
ship meeting,  the  officers  for  such  organized  school  district 
will  be  chosen,  and  such  other  business  transacted  as  shall 
be  necessary  thereto.     Such  petition  shall    be    signed   by  a 
majority  of  the  qualified  electors  of  the  township  and  shall 
be  filed  in  the  office  of  the  township  clerk  at  least  fifteen  days 
prior  to  the  annual  township  meeting.     Upon  the  receipt  and  cierk  to  notify 
filing  of  said  petition,  the  township    clerk    shall   notify  the  board' etc- 
members  of  the  township  board  and  the  school   [inspector] 
inspectors  of  the  township  to  attend  a  special  meeting  to  be 
held  not  more  than  five  days  thereafter,  and  at  which  meeting 
it  shall  be  the  duty  of  such  township  board  to  compare  the 
names  signed  to  the  petition  with  the  names  appearing  on  the 
list  of  registered  voters  qualified  to  vote  at  the  preceding  elec- 


78 


GENERAL  SCHOOL   LAWS. 


To  be  single 
•districts,  etc 


tion;  and  if  it  be  found  that  a  majority  of  the  voters  qualified  to 
vote  at  the  preceding  election  have  signed  the  petition  that  the 
organized  township  of  which  they  are  resident  be  organized 
as  a  single  school  district,  they  shall  give  notice  that,  at  the 
then  succeeding  township  meeting,  officers  will  be  chosen  for 
such  organized  school  district;  and  shall  make  and  file,  both 
with  the  county  clerk  and  the  secretary*  of  the  board  of 
school  inspectors  of  the  county  in  wrhich  such  township  is 
located,  a  certified  copy  of  the  above  mentioned  petition, 
together  with  their  findings  and  doings  thereon;  and  there- 
upon such  township  shall  have  become  a  single  school  district 
which  shall  be  subject  to  all  the  general  laws  of  the  State, 
so  far  as  the  same  may  be  applicable,  and  said  district  shall 
have  all  the  powers  and  privileges  conferred  upon  union  school 
districts  by  the  laws  of  this  State,  all  the  general  provisions 
of  which  relating  to  common  or  primary  schools  shall  apply 
and  be  enforced  in  said  district,  except  such  as  shall  be  incon- 
sistent with  the  provisions  of  this  act;  and  all,  schools  organ- 
ized in  said  district  in  pursuance  of  this  act,  under  the  direc- 
tions and  regulations  of  said  board  of  education,  shall  be 
public  and  free  to  all  persons  actual  residents  within  the 
limits  thereof,  between  the  ages  of  five  and  twenty  years, 
inclusive,  and  to  such  other  persons  as  the  board  of  education 
shall  admit:  Provided,  That  whenever  the  majority  of  electors 
in  any  surveyed  township  in  such  organized  towrnship  shall 
petition  the  board  of  education  to  establish  a  school  or  schools 
therein,  the  said  board  of  education  are  hereby  authorized 
and  directed  within  three  months  thereafter  to  organize  such 
school  or  schools  therein. 

(§198.)  SEC.  2.  The  officers  of  said  district  shall  consist  of 
two  trustees,  who,  together  with  the  clerk  and  school  inspect- 
ors of  said  township,  shall  constitute  the  board  of  education 
of  said  district.  Said  trustees  shall  be  elected  by  ballot  at  the 
annual  township  meeting  of  the  township,  upon  the  same 
ticket  and  canvassed  in  the  same  manner  as  township  officers 
required  by  law  to  be  elected  by  ballot:  Provided,  That,  at 
the  annual  election  to  be  held  in  said  township  next  subse- 
quent to  the  filing  of  the  petition  as  set  forth  in  section  one 
of  this  act,  there  shall  be  elected  two  trustees  for  said  district 
by  the  electors  thereof,  one  of  whom  shall  hold  his  office  for 
the  term  of  one  year,  and  the  other  one  for  the  term  of  two 
years,  and  until  their  successors  shall  be  elected  and  qualified, 
and  the  time  for  which  the  person  voted  for  is  intended  shall 
be  designated  on  the  ballot,  and  at  each  election  thereafter 
to  be  held  one  trustee  shall  be  elected  in  said  district,  who 
shall  hold  his  office  for  the  term  of  two  years,  and  until  his 
successor  shall  be  elected  and  qualified,  said  trustee  to  be 
designated  on  the  ticket  or  ballot  for  "Member  of  Board  of 
Education." 


Proviso. 


Officers  of 
-district 


jProviso. 


*  Commissioner  of  schools. 


GENERAL  SCHOOL  LAWS.  79 


(§199,)     SEC.  3.     Within  five  days  after  the  annual  election  Duty  of  town- 
the  township  clerk  shall  notify  in  writing,  the  persons  elected  ship  clerk' etc 
trustees  under  this  act  of  their  election,  and  within  five  days 
thereafter  said  trustees  so  elected  shall  take  and  subscribe  the 
oath  of  office  prescribed  by  the  constitution  of  this  State, 
before  any  officer  authorized  to  administer  oaths,  and  file  the 
same  with  the  township  clerk.     The  term  of  office  of  the  trus- 
tees of  said  district  shall  commence  on  the  second  Monday 
following  the  annual   township  election   at  which   they  are 
elected. 

(§200.)     SEC.  4.     The  members  of  the  board  of  education  organization 
shall  meet  on  the  third  Monday  of  April  of  each  year,  at  the  o£  board' etc- 
office     of    the     township  clerk,   and    organize.        The    school 
inspector  of  the  township  whose  term  of  office  will  soonest 
expire  shall  be  president  of  the  board  and  shall- be  entitled  to 
vote  in  all  cases.     In  the  absence  of  the  president  at  any  meet- 
ing a  majority  of  the  members  present  may  choose  one  of  their 
own  number  president  pro  tern.     The  township  clerk  of  said  cierk. 
township  shall  be  ex  officio  clerk  of  said  board  of  education, 
and  shall  be  entitled  to  vote  thereon;  and  in  case  of  the  ab- 
sence of  said  clerk  the  board  may  choose  some  suitable  person 
to  perform  his  duties.     Said  board  shall,  on  the  said  third 
Monday  of  April  in  each  year,  elect  from  their  own  number  a  Treasurer, 
treasurer,  who  shall  hold  his  office  for  one  year  and  until  his 
successor  is  elected  and  qualified  and  may  at  any  time  fill  a 
vacancy  in  the  office  of  treasurer:     Provided,  That  the  person  proviso, 
appointed  to  fill  a  vacancy  in  the  office  of  treasurer  shall  hold 
the  office  for  the   unexpired   portion  of  the  term   only.      The 
treasurer  of  said  board  shall,  within  five  days  after  his  ap- 
pointment as  such  treasurer,  file  with  the  clerk  of  said  board 
the  constitutional  oath  of  office.    He  shall  also,  before  entering  TO  give  bond, 
upon  the  duties  of  his  office,  give  a  bond  to  said  district  in  such 
sum  and  with  such  sureties  as  said  board  shall  determine  and 
approve,  conditioned  for  the  faithful  performance  of  his  duties 
under  this  act,  and  honestly  accounting  for  all  moneys  coming 
into  his  hands  belonging  to  said  district.  The  treasurer  of  said 
board  shall  have  the  keeping  of  all  school  and  library  moneys, 
and  shall  not  pay  out  the  same  without  the  authority  of  the 
board,  upon  warrants  or  orders  drawn  upon  him  and  signed  by 
the  clerk  and  countersigned  by  the  president. 

(§201.)     SEC.  5.     Said  board  of  education  shall  have  power  vacancies, 
to  fill  vacancies  that  may  occur  in  the  office  of  trustee  until  the 
next  annual  election,  and  such  trustee  shall  file  with  the  clerk 
of  said  board  his  oath  of  office  within  five  days  after  such 
appointment  by  the  board. 

(§202.)     SEC!  0.     A  majority  of  the  members  of  said  board  Quorum, 
shall  constitute  a  quorum,  and  the  regular  meetings  of  said  meetings,  etc. 
board  shall  be  held  on  the  third  Monday  of  April,  August,  and 
December  in  each  year,  and  no  notice  of  such  meeting  shall 
be  required;  and  any  two  members  of  said  board  shall  be  suffi- 
cient to  adjourn  any  meeting  from  time  to  time,  until  a  quorum 


80 


GENERAL  SCHOOL  LAWS. 


Board  to 
report,  etc. 


Powers  of 
board,  etc. 


is  present.  Special  meetings  of  said  board  may  be  called  at 
any  time  on  the  request  of  the  president  or  any  two  members 
thereof,  in  writing,  delivered  to  the  clerk,  and  the  clerk  upon 
receiving  such  request  shall  at  once  notify  such  member  of 
said  board,  if  within  said  district,  of  the  time  of  holding  such 
meeting,  which  shall  be  at  least  three  days  subsequent  to  the 
time  of  receiving  such  request  by  said  clerk.  All  [the]  meet- 
ings of  said  board  shall  be  held  at  the  township  clerk's  office, 
unless  otherwise  ordered  by  a  resolution  of  the  board;  and  all 
records  and  papers  of  said  district  shall  be  kept  in  the  custody 
of  said  clerk  and  shall  be  open  to  the  inspection  of  any  tax- 
payer of  said  district. 

(§203.)  SEC.  7.  The  said  board  shall  be  the  board  of  school 
inspectors  for  said  district  and  shall,  as  such,  report  to  the 
clerk  of  the  county  in  which  such  township  is  located,  and 
shall  have  all  the  powers  and  perform  all  the  duties  now 
enjoyed  and  performed  by  boards  of  school  inspectors;  and 
the  president  of  said  board  shall  perform  all  the  duties 
required  by  law  of  the  chairman  of  the  board  of  school  inspect- 
ors, and  the  board  of  school  inspectors  for  such  township  is 
hereby  abolished  except  as  its  po Trers  are  vested  in  said  board 
of  education. 

(§204.)  SEC.  8.  The  board  of  education  of  said  district  shall 
have  power  and  authority  to  designate  and  purchase  school- 
house  sites,  erect  buildings  and  furnish  the  same,  employ 
legally  qualified  teachers,  provide  books  for  district  library, 
make  by-laws  relative  to  taking  the  census  of  all  children  in 
said  district  between  the  ages  of  five  and  twenty  years,  and  to 
make  all  necessary  reports  and  transmit  the  same  to  the 
proper  officers,  as  designated  by  law,  so  that  the  district  may 
be  entitled  to  its  proportion  of  the  primary  school  fund;  and 
said  board  shall  have  authority  to  make  all  needful  regula- 
tions and  by-laws  relative  to  visitation  of  schools;  relative  to 
the  length  of  time  school  shall  be  kept,  which  shall  not  be  less 
than  three  months  in  each  year;  relative  to  the  employment 
of  teachers  duly  and  legally  qualified;  relative  to  the  regula- 
tions of  schools  and  the  books  to  be  used  therein;  and  gen- 
erally to  do  all  things  needful  and  desirable  for  the  mainte- 
nance, prosperity  and  success  of  the  schools  of  said  district, 
and  the  promotion  of  a  thorough  education  of  the  children 
thereof.  It  shall  be  the  duty  of  the  treasurer  of  said  board  to 
apply  for  and  receive  from  the  township  treasurer  or  other 
officer  holding  the  same,  all  moneys  appropriated  for  primary 
school  and  district  library  of  said  district. 

(§205.)  SEC.  9.  At  each  annual  township  meeting  held  in 
said  township,  the  qualified  electors  present  shall  determine 
the  amount  of  money  to  be  raised  by  tax  for  all  school  pur- 
poses for  the  ensuing  year:  Provided,  That  in  case  the  electors 
at  any  annual  township  meeting  shall  neglect  or  refuse  to 
determine  the  amount  to  be  raised  as  aforesaid,  then  the  board 
of  education  shall  determine  the  same  at  any  regular  meeting 


Treasurer  to 
apply  for 
moneys. 


Tax  for  school 
purposes. 


Proyiso. 


GENERAL  SCHOOL  LAWS.  81 

thereof,  which  amount  the  township  clerk  shall,  within  sixty 
days  thereafter,  certify  to  the  supervisor  of  the  township,  who 
shall  spread  the  same  upon  the  regular  tax  roll  of  said  town- 
ship, and  the  same  shall  be  levied,  collected,  and  returned  in 
the  same  manner  as  other  township  taxes :  Provided,  That  for  idem, 
purchasing  school  lots  and  for  erecting  schoolhouses,  no 
greater  sum  than  three  mills  on  the  dollar  of  all  the  taxable 
valuation  of  the  real  and  personal  property  in  said  township 
shall  be  levied  in  any  one  year. 

(§206.)     SEC.  10.     All  taxes  assessed  within  said  township  of  assessment 
for  school  purposes  shall  be  set  forth  in  the  assessment  roll  of  roll> 
said  tov,  nship,  in  a  separate  column,  apart  and  distinct  from 
all  other  township  taxes. 

(§207.)     SEC.  11.    The  treasurer  of  the  township  shall  at  any  Treasurer  to 
time,  at  the  written  request  of  said  board  of  education,  report  rep°rt' etc 
to  said  board  the  amount  of  school  money  in  his  hands,  and 
shall,  on  the  order  of  the  president  of  said  board  of  education, 
pay  to  the  treasurer  of  said  board  all  such  money,  taking  his 
receipt  therefor,  and  also  a  duplicate  receipt  which  he  shall 
file  with  the  clerk  of  said  board. 

(§208.)  SEC.  12.  The  said  board  shall  annually,  prior  to  Board  to  make 
the  first  day  of  April  in  each  year,  make  a  detailed  statement  |tcfen 
of  the  number  of  schools  in  said  district,  the  number  of  teach- 
ers employed,  and  the  number  of  pupils  instructed  therein  dur- 
ing the  preceding  year,  and  the  expenditures  of  said  board  for 
all  purposes,  and  also  the  resources  and  liabilities  of  said  dis- 
trict, which  report  or  statement  shall  be  entered  at  length  in 
the  record  of  said  board  and  shall  be  publicly  read  by  the  presi- 
dent of  said  board  or,  in  his  absence,  by  the  clerk  thereof,  to 
the  electors  of  said  township  at  their  annual  meeting  on  the 
first  Monday  of  April  thereafter,  at  the  hour  of  twelve  o'clock, 
noon. 

(§209.)     SEC.  13.  All    school   property,  both    real   and   per-  Disposition  of 
sonal,  within  the  limits  of  a  township  incorporated  as  afore-  seiK>oiprop- 
said,  shall,  by  force  of  this  act  become  the  property  of  the  pub- 
lic schools  of  such  township  and  all  debts  and  liabilities  of  the 
primary  school  district  of  said  township  as  they  existed  prior 
to  its  incorporation  under  the  provisions  of  this  act,  shall 
become  the  debts  and  liabilities  of  said  public  schools  of  the 
township  so  incorporated. 

(§210.)     SEC.  14.  All  money  raised  or  being  raised  by  tax,  of  moneys 
or  accrued  or  accruing  to  the  school  districts  of  said  township  raised  by  tax* 
as  organized  under  the  primary  school  laws  of  this  State,  shall 
hereby  become  the  money  of  the  public  school  of  the  township; 
and  no  tax  heretofore  ordered,  assessed,  or  levied  for  school 
purposes  in  said  township  or  other  proceedings,  shall  be  invali- 
dated or  affected  by  means  of  this  act. 

(§211.)     SEC.  15.     The  compensation  of  the  members  of  the  Compensation 
board  of  education  shall  be  one  dollar  and  fifty  cents  for  "each  Ol 
day's  actual  service  rendered  for  said  district;  and  the  clerk 
and  treasurer  of  said  board  shall  receive  such  compensation 
11 


82 


GENERAL  SCHOOL  LAWS. 


for  their  services  as  the  board  may  determine,  not  exceeding 
fifty  dollars  each  per  annum. 

when  township  (§212.)  SEC.  16.  When  any  township  district  shall  be 
is  divided,  etc.  (jjyj^d  jnto  two  or  more  townships,  the  existing  board  of 
trustees  shall  continue  to  act  for  all  the  townships,  until  the 
same  have  been  organized  and  township  boards  of  trustees 
duly  elected  and  qualified  therein.  Immediately  after  such 
organization,  the  township  boards  of  each  of  the  townships 
shall  meet  in  joint  session  and  direct  an  appraisal  of  all  the 
school  property  of  the  former  township  to  be  made.  When 
such  appraisal  has  been  made,  said  township  boards  shall  make 
an  equitable  division  of  the  existing  assets  and  liabilities  of 
the  school  district  of  such  former  township,  basing  their  appor- 
tionment upon  the  amount  of  taxable  property  in  the  township 
divided,  as  shown  by  the  last  assessment  roll  of  such  former 
township.  When  a  township  district  shall  be  altered  in  its 
limits  by  annexing  a  portion  of  its  territory  to  another  town- 
ship or  townships,  the  township  board  of  each  of  the  town- 
ships shall,  immediately  after  such  alteration,  meet  in  joint 
session  and  make  an  equitable  division  of  the  assets  and  lia- 
bilities of  the  school  district  of  the  township  from  which  the 
territory  has  been  detached,  basing  their  division  upon  the 
amount  of  taxable  property,  as  the  same  shall  appear  upon  the 
last  assessment  roll  of  such  township. 


Alteration  of 
township,  etc. 


CHAPTER  XXVII. 


[  Act  No.  119,  Public  Acts  of  1891.  ] 


INTRODUCTION  OF  THE  KINDERGARTEN. 


Duty  of 
district  board. 


Qualifications 
of  teachers, 
etc. 


What  children 
entitled  to 
instruction. 


(§213.)  SECTION  1.  In  addition  to  the  duties  imposed  by 
law  upon  the  district  board  of  every  school  district  in  this 
State,  they  shall  also  be  empowered  to  provide  a  suitable 
room  or  apartment  for  kindergarten  work,  and  to  supply  their 
districts  respectively  with  the  necessary  apparatus  and  appli- 
ances for  the  instruction  of  children  in  what  is  known  as  the 
kindergarten  method. 

(§214.)  SEC.  2.  In  the  employment  of  teachers  it  shall  be 
competent  for  such  district  board  to  require  qualifications  for 
instruction  of  children  in  kindergarten  methods;  and  the  dis- 
trict board  may  provide  by  contract  with  the  teacher  for  such 
instruction,  specifying  the  hours  and  times  therefor  under 
such  rules  as  the  district  board  may  prescribe. 

(§215.)  SEC.  3.  All  children  residing  within  the  district 
between  the  ages  of  four  and  seven  shall  be  entitled  to  instruc- 
tions in  the  kindergarten  department  of  such  district  school. 


*This  law   permits  the   introduction  of   the   kindergarten   method,  but  does   not 
make  it  mandatory. 


GENERAL  SCHOOL  LAWS.  83 

(§216.)  SEC.  4.  Tlie  powers  and  duties  herein  imposed  or  ActtoaPPiyto 
conferred  upon  the  district  shall  also  be  and  the  same  are 
hereby  imposed  and  conferred  upon  the  school  trustees  or 
board  of  education  or  other  body,  by  whatever  name  known, 
managing  or  controlling  the  public  schools  in  each  city  and 
village  of  this  State;  and  this  act  is  hereby  made  applicable  to 
every  public  school  organized  by  special  act  or  by  charter  as 
fully  as  if  they  were  named  therein. 


CHAPTER  XXVIII. 

[  Act  No.  144,  Public  Acts  of  1891.  J 
UNIVERSITY   DIPLOMAS    AND   CERTIFICATES. 

(§217.)     SECTION  1.     The  faculty  of  the  department  of  liter-  university  may 
ature,  science,  and  the  arts,  of  the  University  of  Michigan,  ioTeachTe?«ate 
shall  give  to  every  person  receiving  a  bachelor's,  master's,  or  see  §§  130,  we, 
doctor's  degree,  and  also  a  teacher's  diploma  for  work  done  in  169' 
the  science  and  the  art  of  teaching,  from  said  university,  a  cer- 
tificate, which  shall  serve  as  a  legal  certificate  of  qualification 
to  teach  in  any  of  the  schools  of  this  State,  when  a  copy  thereof 
shall  have  been  filed  or  recorded  in  the  office  of  the  legal  exam- 
ining officer  or  officers  of  the  county,  township,  city  or  district 
Such  certificate  shall  not  be  liable  to  be  annulled  except  by  the  of  annulling 
said  faculty  of  the  said  university;  but  its  effect  may  be  sus- 
pended  in  any  county,  township,  city,  or  district,  and  the  holder 
thereof  may  be  stricken  from  the  list  of  qualified  teachers  in 
such  county,  township,  city,  or  district,  by  the  legal  examining 
officer  or  officers  of  the  said  county,  township,  city,  or  district 
for  any  cause  and  in  the  same  manner  that  such  examining 
officer  or  officers  may  be  by  law  authorized  to  revoke  certifi- 
cates given  by  himself  or  themselves,  and  such  suspension  shall 
continue  in  force  until  revoked  by  the  authority  suspending  it. 


CHAPTER  XXIX. 

[Act  No.  136,  Public  Acts  of  1893.] 
COLLEGE    DIPLOMAS    AND   CERTIFICATES. 

(§218.)    SECTION  1.   The  State  Board  of  Education  is  hereby  certificates  to 
empowered  and  shall  grant  teacher's  certificates  without  ex-  StlS*68  °£ 
examination  to  any  person  who  has  received  a  bachelor's,  colleges, 
master's,  or  doctor's  degree  from  any  college  in  this  State  hav-  i6e7e  ^L!30' 
ing  a  course  of  study  actually  taught  in  such  college,  of  not 
less  than  four  years,  in  addition  to  the  preparatory  work  neces- 
sary for  admission  to  the  University  of  Michigan,  upon  the 


84 


GENERAL  SCHOOL  LAWS. 


Certificate  for 
four  years. 

Life  certificate. 


recommendation  from  the  faculty  of  such  college,  stating  thait 
in  their  judgment  the  applicant  is  entitled  to  receive  such  cer- 
tificate; and  in  addition  thereto,  a  course  in  the  science  and  art 
of  teaching  of  at  least  one  college  year  of  five  and  a  half 
hours  per  week,  which  shall  have  been  approved  by  said  board 
of  education,  which  course  shall  have  been  taken  by  such  per- 
son who  shall  have  received  a  diploma  therefor,  and  shall  in- 
clude a  thorough  examination  of  the  applicant  by  the  college 
granting  such  diploma,  as  to  qualification  and  fitness  for 
teaching :  Provided,  That  if  said  person  furnishes  to  said  board 
satisfactory  proof  of  having  succesfully  taught  for  three  years 
in  the  schools  of  this  State,  said  certificate  shall  be  a  life  certi- 
ficaite.  If  such  proof  is  not  furnished  said  board,  then  such 
certificate  shall  be  for  four  years  only,  and  a  life  certificate 
may  at  any  time  thereafter  be  issued  by  said  board  upon  the 
filing  of  such  proof.  Such  certificate  shall  entitle  the  holder 
to  teach  in  any  of  the  schools  of  this  State  without  examina- 
tion, provided  a  copy  of  the  same  shall  have  been  filed  or 
recorded  in  the  office  of  the  legal  examining  officer  or  officers 
of  the  county,  city,  township,  or  district  in  which  said  person 
is  to  teach,  and  shall  be  annulled  only  by  the  State  Board  of 
Education,  and  by  it  only  for  cause. 

(§219.)  SEC.  2.  It  shall  be  the  duty  of  the  said  Board  of 
Education  to  carefully  examine  any  course  of  study  in  the 
science  and  art  of  teaching  that  may  be  submitted  to  it  by  the 
trustees  of  any  college  and,  if  satisfactory,  to  furnish  such 
trustees  with  a  written  certificate  approving  the  same. 

(§220.)  SEC.  3.  If  at  any  time  the  said  Board  of  Education 
shall  conclude  that  any  college  the  graduates  of  which  may 
desire  to  receive  such  certificate,  is  not  giving  such  instruction 
in  the  science  and  art  of  teaching  and  in  the  other  branches  as 
shall  be  approved  by  said  board,  then  said  board  shall  so 
determine  by  a  formal  resolution,  and  shall  give  notice  thereof 
to  the  trustees  of  such  college;  and  thereafter  no  teacher's  cer- 
tificate shall  be  given  by  said  board  to  the  graduate  of  such 
college  until  said  board  shall  be  satisfied  that  proper  instruc- 
tion in  the  science  and  art  of  teaching  and  in  other  branches  is 
given  by  such  college,  and  shall  certify  such  fact  to  the  trus- 
tees of  such  college. 


Board  of  educa- 
tion to  decide 
upon  college 
course. 


Instruction  in 
science  and 
art  of  teach- 
ing. 


CHAPTER   XXX. 


Teaching  pre- 


[  Act  No.  146,  Public  Acts  of  1895.  ] 
RESTRICTION  OF   COMMUNICABLE  DISEASES. 

(§221.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  there  shall  be  taught  in  every  year  in  every  public  school 
in  Michigan,  the  principal  modes  by  which  each  of  the  dan- 
gerous communicable  diseases  are  spread,  and  the  best 


GENERAL  SCHOOL  LAWS.  85 

methods  for  the  restriction  and  prevention  of  each  such  dis- 
ease.    The  State  Board  of  Health  shall  annually  send  to  the 
public  school  superintendents  and  teachers  throughout  this 
State,  printed  data  and  statements  which  shall  enable  them 
to  comply  with  this  act.     School  boards  are  hereby  required  Furnished  by 
to  direct  such  superintendents  and  teachers  to  give  oral  and  boardof  health- 
blackboard  instruction,  using  the  data  and  statements  sup- 
plied by  the  State  Board  of  Health. 

(§222.)  SEC.  2.  Neglect  or  refusal  on  the  part  of  any  sup-  Penalty, 
erintendent  or  teacher  to  comply  with  the  provisions  of  this 
law,  shall  be  considered  a  sufficient  cause  for  dismissal  from 
the  school  by  the  school  board.  Any  school  board  neglecting 
or  refusing  to  comply  with  any  of  the  provisions  of  this  act, 
shall  be  subject  to  fine  or  forfeiture  the  same  as  for  neglect 
of  any  other  duty  pertaining  to  their  office.  This  act  shall 
apply  to  all  schools  in  this  State  including  schools  in  cities  and 
villages,  whether  incorporated  under  special  charter  or  under 
the  general  laws. 


CHAPTER  XXXI. 

[Act  No.  101,  Public  Acts  of  1895.] 
EXAMINATION    FOB    ADMISSION    TO  AGRICULTURAL  COLLEGE. 

(§223.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact,  Examination  of 
That  it  shall  be  the  duty  of  the  State  Superintendent  of  Public  candidates. 
Instruction  to  secure,  at  least  twice  each  year,  from  the  presi- 
dent of  the  Michigan  Agricultural  College,  a  set  of  examina- 
tion questions  in  all  the  studies  required  for  admission  to 
said  college.     It  shall  also  be  the  duty  of  the  State  Super-  Questions 
intendent  of  Public  Instruction  to  send  a  printed  list  of  said  used- 
examination  questions  to  each  county  commissioner  of  schools. 

(§224.)     SEC.  2.    It  shall  be  the  duty  of  each  county  commis-  Duty  of  oom- 
sioner  of  schools  to  give  public  notice  of  this  examination  at  missioner- 
the  time  of  all  regular  teachers'  examinations,  and  to  submit 
the  questions  aforesaid  to  any  candidate  who  may  desire  to 
enter  the  Agricultural  College.     The  examination  shall  be  con-  conduct  of 
ducted  in  the  same  manner  as  are  the  regular  teachers'  exam-  examination, 
inations  of  the  county.    The  work  of  each  and  every  candidate, 
together  with  the  name  and  address,  shall  be  forwarded  by  the 
commissioner  within  five  days  from  the  date  of  the  examina- 
tion, to  the  president  of  the  college,  who  shall  examine  and 
grade  the  answers  and  report  to  the  candidate  within  five  days 
of  the  receipt  of  the  paper,  the  result  of  the  examination.    A 
standard  of  seventy  per  cent  in  each  branch  will  admit  to 
freshman  class  of  the  college  without  further  examination. 


86 


GENERAL  SCHOOL  LAWS. 


CHAPTER  XXXII. 

[Act  No.  68,  Public  Acts  of  1897.] 
PURCHASE    OF    UNITED   STATES   FLAGS. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact,  That 
the  board  of  education  or  the  board  of  school  trustees  in  the 
several  cities,  townships,  villages  and  school  districts  of  this 

size  of  flag.  State  shall  purchase  a  United  States  flag  of  a  size  not  less 
than  four  feet  two  inches  by  eight  feet  and  made  of  good  flag 
bunting  "A,"  flag  staff  and  the  necessary  appliances  therefor 
and  shall  display  said  flag  upon,  near  (or  in  a  conspicuous 
place  within)  the  public  school  building  during  school  hours 
and  at  such  other  times  as  to  the  said  board  may  seem  proper  ; 
and  that  the  necessary  funds  to  defray  the  expenses  to  be 
incurred  herein  shall  be  assessed  and  collected  in  the  same 
manner  as  moneys  for  public  school  purposes  are  collected  by 

Penalty.  law.  And  the  penalties  for  neglect  of  duty  provide  1  in  section 

two,  chapter  fourteen  of  the  general  school  laws,  shall  apply 
to  any  school  officer  refusing  to  comply  with  the  provisions 
of  this  act. 


CHAPTER  XXXIII. 

[Act  No.  181,  Public  Acts  of  1897.] 


Course  for 

district 

schools. 


Admission  to 
freshman 
class. 
Duties  of 
secretary. 


AGRICULTURAL    COLLEGE  COURSE. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact,  That 
the  Superintendent  of  Public  Instruction  shall  prepare  for  dis- 
trict schools  a  course  of  study,  comprising  the  branches  now 
required  for  third  grade  certificates,  which  shall  be  known  and 
designated  "The  Agricultural  College  course,"  and  upon  the 
satisfactory  completion  of  this  course  of  study,  as  evidenced 
by  a  diploma  or  certificate,  duly  signed  by  the  county  com- 
missioner of  schools,  pupils  shall  be  admitted  to  the  freshman 
class  of  the  Agricultural  College  without  further  examina- 
tion. It  shall  be  the  duty  of  the  secretary  of  the  Agricultural 
College  each  year  to  send  to  each  rural  school  district  in  the 
State  a  college  catalogue,  and  upon  application  to  furnish  to 
such  schools  such  other  information  as  may  be  desired  rela- 
tive to  said  college.  Such  catalogue  and  other  information 
shall  be  kept  in  each  school  for  reference. 


GENERAL  SCHOOL  LAWS.  87 

NOTE. 

APPORTIONMENT   OF   SURPLUS   DOG   TAX   TO   SCHOOL   DISTRICT. 

Under  the  provisions  of  act  No.  198,  public  acts  of  1877,  as  amended  by 
act  No.  283  of  the  public  acts  of  1881,  it  is  required  that  in  all  the  town- 
ships and  cities  of  the  State  there  shall  annually  be  levied  and  collected  a 
tax  of  one  dollar  upon  every  male  dog  and  of  three  dollars  upon  every 
female  dog.  The  money  thus  obtained  is  to  constitute  a  fund  in  the 
several  townships  and  cities  for  the  payment  of  damages  sustained  by 
owners  of  sheep  by  reason  of  having  such  sheep  killed  or  wounded  by 
dogs.  Section  six  of  the  law  referred  to  provides  that,  "  If  money  remains 
of  such  fund  after  satisfactory  payment  of  all  claims  aforesaid  in  any  one 
year,  over  and  above  the  sum  of  one  hundred  dollars,  it  shall  be  appor- 
tioned among  the  several  school  districts  of  such  township  or  city  in  pro- 
portion to  the  number  of  children  therein  of  school  age."  The  apportion- 
ment must  be  based  upon  the  whole  number  of  children  of  school  age  re- 
siding in  the  township,  and  include  all  districts  whether  lying  wholly  or 
partly  in  such  township.  In  case  of  a  fractional  district  in  which  the 
schoolhouse  is  situated  in  a  different  township,  the  money  belonging  to 
such  district  must  be  paid  over  to  the  treasurer  of  the  township  in  which 
the  schoolhouse  is  situated,  and  by  that  treasurer  paid  to  the  district  in 
the  same  way  as  in  the  case  of  the  one-mill  and  other  taxes. 

Act  141  of  the  Public  Acts  of  1891  repeals  Act  number  214,  Public  Acts 
of  1889,  providing  that,  if  in  any  city  and  any  township  or  part  of  town- 
ship adjoining  thereto  (the  same  being  within  one  county)  any  money 
remains  in  the  fund  for  payment  of  losses  by  killing  of  sheep  by  dogs 
"  after  the  payment  of  the  orders  payable  out  of  the  same,  and  the  amount 
of  said  money  shall  exceed  the  sum  of  two  hundred  dollars,  the  sum  in 
excess  of  two  hundred  dollars  shall  be  apportioned  by  said  county  treas- 
urer to  the  said  township,  or  part  of  township,  and  said  city,  in  propor- 
tion to  the  amount  contributed  to  said  fund  during  the  preceding  year; 
and  the  amount  so  apportioned  to  any  said  township,  or  part  of  township 
or  said  city,  shall  be  respectively  apportioned  among  the  several  school 
districts  of  said  township,  or  part  of  township,  and  said  city,  in  proportion 
to  the  number  of  children  therein  of  school  age."  The  distribution  of 
the  surplus  will  hereafter  be  made  in  accordance  with  the  provisions  of 
section  6  of  Act  No.  198,  Public  Acts  of  1877;  as  amended  by  Act  No.  283 
of  the  Public  Acts  of  1881. 


APPENDIX  A. 


DIGEST  OF  DECISIONS  OF  THE  SUPREME  COURT. 


TOWNSHIP   BOARD    OF   SCHOOL   INSPECTORS. 

fll.  The  statutory  notice  of  meetings  by  inspectors  must  be  given,  stat- 
ing the  object  of  the  meeting;  and  no  business  at  a  meeting  inconsistent 
with  the  notice  is  lawful. — [  Passage  v.  School  Inspectors  of  Williams- 
town,  19  Mich.,  330. 

fl2.  The  township  board  of  school  inspectors  have  no  power  to  dissqlve 
a  school  district  erected  by  special  act  of  the  legislature,  and  to  set  back 
the  territory  into  the  districts  from  which  it  was  taken. —  [  School  Dis- 
trict v.  Dean,  17  Mich.,  223. 

1J3.  On  the  erection  and  organization  of  a  new  township,  the  inspect- 
ors of  such  township  may  sever  its  territory  from  the  school  district 
within  which  it  was  formerly  embraced ;  and  there  is  no  general  provision 
of  law  which  charges  the  property  within  the  new  township  with  the 
obligation  to  pay  any  debts  created  for  school  purposes  which  existed  at 
the  time  of  the  erection  of  the  new  township. — [  School  District  No.  1  of 
Portage  v.  Ryan,  19  Mich.,  203. 

ff4.  Mandamus  will  not  be  granted  to  disturb  an  apportionment  made 
by  the  township  board  of  school  inspectors  between  different  districts, 
acquiesced  in  for  several  years  and  which,  if  the  court  could  change  it, 
has  no  proof  that  it  ought  to. — [  School  District  No.  3  of  Riverside  Town- 
ship v.  the  Township  of  Riverside,  67  Mich.,  404. 

II. 

APPEALS  FROM  ACTION  OF  SCHOOL  INSPECTORS. 

If 5.  Under  the  statute  providing  for  appeals  from  the  board  of  school 
inspectors  to  the  township  board,  the  approval  of  the  appeal  bond  is 
essential  to  complete  an  appeal ;  and  the  fact  that  the  bond  was  presented 
to  the  clerk  of  the  board  of  inspectors,  who  refused  to  approve  it  because 
it  was  not  witnessed,  even  though  the  objection  be  a  frivolous  one  made 


DIGEST  OF  DECISIONS.  89 


in  bad  faith  and  for  vexation,  will  not  render  the  bond  sufficient  without 
an  approval,  since,  under  the  statute,  it  may  be  approved  also  by  any  jus- 
tice of  the  township. — [  Clement  v.  Everest,  29  Mich.,  19. 

If 6.  The  validity  of  the  action  of  school  inspectors  in  changing  the 
boundaries  of  school  districts,  is  not  affected  by  the  fact  that  the  inspect- 
ors were  interested  parties  as  taxpayers  and  residents;  the  disabling 
doctrine  has  no  application  to  those  administrative  acts  which  are  public 
and  not  with  or  between  private  parties. —  [  Ibid. 

J[7.  The  regularity  of  the  action  of  school  inspectors  in  creating  or 
changing  school  districts,  will  not  be  enquired  into  in  a  collateral  proceed- 
ing; their  action  is  the  exercise  of  a  public  discretionary  power  which  can 
only  be  reviewed,  if  at  all,  by  some  direct  appellate  process  authorized  by 
law  and  operating  upon  the  proceedings  themselves  to  affirm,  reverse,  or 
change  them. —  [  Ibid. 

J[8.  Parties  appealing  under  the  statute  from  the  action  of  school  in- 
spectors in  arranging  school  districts,  to  the  township  board,  thereby 
waive  those  questions  which  require  judicial  review  and  submit  them- 
selves to  the  discretion  of  that  body;  and  a  ccrtiorari  to  the  township 
board  does  not  open  for  review  the  doings  of  the  inspectors. —  [  Brody  v. 
Township  Board  of  Penn.,  32  Mich.,  272. 

1(9.  It  was  never  intended  that  a  court  should  exercise  any  of  these 
powers  of  discretionary  administration;  and  when,  on  such  appeal,  the 
towrnship  board  acted  within  its  jurisdiction,  its  discretion  cannot  be 
reviewed  by  the  courts;  and  if  it  did  not,  and  its  acts  were  void,  then 
under  the  statute  the  action  of  the  inspectors,  after  ten  days,  is  equally 
intact  and  beyond  disturbance. — [  Ibid. 

fllO.  Where,  however,  the  township  board  acting  without  authority, 
reverses  the  action  of  the  inspectors,  their  doings  may  be  overturned ;  but 
an  order  of  the  board  affirming  the  action  of  the  inspectors,  whether 
properly  or  improperly,  only  leaves  such  action  where  it  would  have  been 
without  such  interference. —  [  Ibid. 

fill.  A  township  board  has  jurisdiction  of  appeals  from  decisions  of 
the  board  of  school  inspectors,  fixing  the  amount  to  be  paid  by  an  old 
school  district  to  a  new  one,  where  the  latter  comprises  part  of  the  same 
territory  and  the  former  retains  the  school  property. — [  School  District 
No.  5  of  Pine  Township  v.  Wilcox,  48  Mich.,  404. 

Tfl2.  The  statute  requires  that,  in  case  of  a  proposed  alteration  of  a 
fractional  school  district,  the  notice  shall  be  posted  by  the  clerk  of  each 
interested  township,  and  that  it  shall  be  posted  in  each  of  such  townships. 
Proof  of  posting  such  notice  should  be  filed  with  the  clerk  of  the  board 
before  any  action  is  taken. —  [  Graves  v.  Joint  Board  of  School  Inspectors 
of  Benton  and  Grant  Townships. 

III. 

TOWNSHIP   BOARDS. 

1fl3.     An  application  to  a  township  board  to  remove  the  moderator  of  a 
school  district,  on  the  ground  that  he  persistently  refuses  to  countersign 
an  order  drawn  by  the  director  of  the  district  on  the  assessor,  involves  an 
12 


90  APPENDIX  A. 


inquiry  in  which  the  payee  named  in  the  order  is  an  interested  party. — 
[  Stockwell  v.  Township  Board  of  White  Lake,  22  Mich.,  341. 

1fl4.  A  proceeding  before  the  township  board  to  remove  an  officer  of  a 
school  district,  is  in  the  nature  of  a  judicial  investigation;  and  when  one 
of  the  board  is  interested  in  the  subject  of  the  complaint  and  the  presence 
of  such  member  is  essential  to  the  quorum,  the  proceedings  are  void. — 
[  Ibid. 

ffl5.  When  either  of  the  members  of  the  township  board  is  interested 
in  the  subject  for  consideration,  he  is  not  "  competent  or  able  to  act,"  in 
the  sense  of  the  statute;  and  such  incompetency  will  justify  the  calling  in 
of  one  of  the  remaining  justices. — [  Ibid. 

If  16.  Every  special  tribunal  appointed  by  law  is  subject  to  the  maxim 
that  no  person  can  sit  in  any  cause  in  which  he  is  a  party  or  in  which  he 
is  interested. — [  Ibid. 

Ifl7.  The  removal  of  a  school  district  assessor  by  the  township  board 
is  reviewable  on  certiorari. — [  Merrick  v.  Township  Board,  41  Mich.,  630. 

1fl8.  Costs  awarded  by  the  supreme  court  in  a  proceeding  by  certiorari 
against  persons  composing  a  township  board,  to  review  their  official  acts, 
are  to  be  collected  like  township  charges  and  not  by  execution  against 
the  officers  personally. —  [  Stockwell  v.  Township  Board  of  White  Lake, 
22  Mich.,  341. 

fl!9.  Proceedings  by  a  township  board  to  remove  a  school  director  are 
not  invalidated  by  the  fact  that  it  did  not  meet  to  agree  on  the  notice 
under  which  the  proceedings  were  taken. — [  Wenzell  v.  Township  Board 
of  Dorr,  49  Mich.,  25. 

fi20.  The  primary  school  law  does  not  authorize  the  township  board 
to  remove  the  moderator  for  hiring  her  husband  to  teach  the  district 
school  and  agreeing  to  pay  him  more  than  is  necessary  to  secure  a  better 
teacher. — [  Hazen  v.  Town  Board  of  Akron,  48  Mich.,  188. 

Tf21.  In  providing  that  the  school  director  shall  keep  the  necessary 
schoolhouse  furniture  in  due  order  and  condition,  and  that  his  expenses 
shall  be  subsequently  audited  and  paid,  it  is  not  intended  that  money 
must  be  put  into  his  hands  beforehand. —  [Township  Board  of  Ham- 
tramck  v.  Holihan,  46  Mich.,  127. 

ff22.  The  township  board  is  exclusive  judge  of  the  facts  on  which  it  is 
authorized  to  remove  a  school  director,  and  its  proceedings  can  only  be 
reviewed  by  the  circuit  and  supreme  courts,  on  questions  of  law. — [  Ibid. 

fl23.  Proceedings  by  a  township  board  to  remove  a  school  director  can- 
not properly  be  taken  until  the  action  of  the  proper  authorities  has  been 
invoked  by  complaint  of  some  definite  violation  of  duty;  but  where  the 
plaintiff  admits  the  charges  set  up  against  him  and  expressly  desires  the 
board  to  act  on  them  without  further  delay,  he  cannot  afterwards  com- 
plain that  they  did  so. — [  Geddes  v.  Township  of  ThomastowTn,  46  Mich., 
316. 

fl24.  The  action  of  a  township  board  in  removing  a  school  director 
is  final,  unless  speedily  brought  up  for  review. —  [  Ibid. 

1f25.  The  wilful  refusal  of  a  school  director  to  sign  a  contract  made 
with  a  teacher,  or  to  accept  and  file  it,  or  draw  orders  for  the  teacher's 
pay  while  it  is  pending,  and  his  obstinate  neglect  to  furnish  necessary 
schoolhouse  supplies,  may  be  taken  into  account  in  proceedings  for  his 
removal. — [  Ibid. 


DIGEST  OF  DECISIONS.  91 


IV. 

ORGANIZATION  OF   SCHOOL   DISTRICTS. 

p6.  There  should  be  some  special  and  extraordinary  reason  to  justify 
interference  by  quo  warranto  with  the  organization  of  a  school  district, 
as  the  statutes  provide  a  speedier  remedy  by  an  appeal  from  the  inspect- 
ors to  the  township  board. —  [  Lord  v.  Every,  338  Mich.,  405. 

1J27.  When  a  school  district  has  enjoyed  its  franchises  for  five  years, 
during  most  of  which  time  proceedings  to  enquire  into  the  validity  of 
the  organization  had  been  pending  by  quo  warranto  and  writ  of  error, 
instead  of  the  speedier  statutory  process  of  appeal,  the  supreme  court 
declined  to  review  its  organization  on  technicalities. — [  Ibid. 

1J28.  The  legal  organization  of  a  school  district  actually  exercising  its 
corporate  powers  cannot  be  collaterally  questioned  in  contesting  a  title 
based  on  a  school  tax. —  [  Stockle  et  al.  v.  Silsbee,  41  Mich.,  615. 

fl29.  A  certiorari  to  review  proceedings  whereby  a  new  school  district 
has  been  created  out  of  old  districts,  must  be  applied  for  before  the  dis- 
trict has  been  organized  and  assumed  the  functions  of  a  corporation;  after 
that  time  the  proper  course  is  to  take  measures  to  try  the  legality  of  its 
corporate  existence  by  quo  warranto,  or  other  direct  proceeding  against 
the  alleged  corporation  or  its  officers. —  [Fractional  School  District  No.  1 
of  Owosso,  etc.,  v.  School  Inspectors  of  Owosso,  etc.,  27  Mich.,  3. 

fl30.  Certiorari  addressed  to  the  assessor  of  a  school  district  is  wholly 
unsuited  as  a  remedy  to  test  the  legal  organization  and  existence  of  the 
district,  as  the  errors,  if  any  there  are,  lie  back  of  any  action  of  the  as- 
sessor-and  are  to  be  found  in  the  action  of  the  township  authorities. — 
[  Jaquith  v.  Hale,  31  Mich.,  430. 

j[31.  It  has  always  been  the  policy  of  the  Michigan  school  laws  that  no 
primary  school  district  should  contain  more  than  nine  sections  of  land. — 
[  Simpkins  et  al.  v.  School  District  No.  1  of  Michigamme  et  al.,  45  Mich., 
559. 

P2.  Township  school  inspectors  cannot  enlarge  a  graded  school  dis- 
trict by  adding  unorganized  territory,  though  they  may,  with  the  consent 
of  the  trustees,  transfer  to  its  jurisdiction  territory  previously  organized 
into  primary  districts. — [  Ibid. 

fl33.  Injunction  lies  to  restrain  the  sale  for  school  taxes,  of  lands  un- 
lawfully included  within  the  taxing  district. — [  Ibid. 

fl34.  A  writ  of  certiorari  to  bring  up  proceedings  for  the  formation  of 
a  school  district  will  not  be  sustained,  if,  after  its  issue  and  without  good 
reason,  it  has  been  allowed  to  sleep  until  the  organization  has  been  com- 
pleted, a  tax  voted,  and  contract  made  for  building  a  schoolhouse,  and 
interests  established  which  cannot  be  overturned  without  public  inconve- 
nience and  injury  and  individual  damage. —  [  Parman  v.  Board  of  School 
Inspectors,  49  Mich.,  63. 

Tf35.  Where  certiorari  issues  to  bring  up  proceedings  for  the  forma- 
tion of  a  school  district,  the  papers  on  which,  it  was  allowed  must  be 
served  with  it. — [  Ibid. 


92  APPENDIX  A. 


1J36.  Where  there  has  been  actual  notice  of  proposed  proceedings  by 
joint  boards  for  the  formation  of  a  new  school  district  out  of  several  old 
ones,  mere  informalities  in  the  issue  of  such  notice  are  not  jurisdictional 
defects,  nor  is  the  fact  that  it  covers  territory  not  actually  taken. — [  Ibid. 

fl37.  The  statutory  requirement  for  notice  of  the  meeting  of  a  town- 
ship board  of  school  inspectors  to  alter  the  boundaries  of  a  school  district, 
is  jurisdictional;  and  proof  of  posting  of  such  notice  should  be  filed  with 
the  clerk  of  the  board,  before  any  action  is  taken. —  [  Coulter  et  al.  v. 
Board  of  School  Inspectors  of  Grant  and  Arthur  Townships,  59  Mich.,  391. 

1J38.  In  the  absence  of  the  consent  of  the  owners  of  lands  which  have 
been  taxed  for  building  a  schoolhouse,  within  three  years  last  preceding 
the  date  of  their  proposed  transfer  to  another  district,  such  transfer  is 
illegal;  and  the  fact  that  the  detached  territory  was  not  at  the  same 
time  attached  to  another  district  will  not  legalize  such  transfer. — [  Ibid. 

If 39.  The  statutory  requirement  for  notice  of  the  meeting  of  a  township 
board  of  school  inspectors  to  alter  the  boundaries  of  a  district,  is  jurisdic- 
tional; and  until  such  notice  has  been  given  and  proof  of  posting  made, 
as  required  by  law,  the  inspectors  have  no  power  to  act. — [  Fractional 
School  District  No.  3  of  Martin,  Watson,  and  Wayland  Townships  v. 
Boards  of  School  Inspectors  of  said  Townships,  63  Mich.,  611. 

ff40.  Where  a  de  facto  school  district  has  exercised  its  franchises  and 
privileges  for  over  two  years,  it  is  presumed  to  have  been  legally  organ- 
ized, and  it  is  too  late  to  litigate  that  question  in  law  or  equity. —  [School 
District  No.  3  of  Everett  Township  v.  School  District  No.  1  of  Wilcox 
Township,  63  Mich.,  51. 

If 41.  The  statutory  provision  requiring  the  town  clerk  to  give  notice 
of  every  meeting  of  the  board  of  school  inspectors  of  his  township  exist- 
ing prior  to  the  1881  amendment,  was  imperative,  and  the  apportionment 
by  the  inspectors  of  the  valuation  of  school  property  on  the  formation 
of  a  new  district,  at  a  meeting  held  without  such  notice,  was  void;  and  a 
bill  in  equity  will  lie  in  the  name  of  the  old  district  to  enjoin  the  assess- 
ment and  collection  of  a  tax  to  satisfy  the  amount  so  apportioned  as  its 
share  of  such  valuation. — [  Ibid. 

fl42.  A  township  board  of  school  inspectors  may,  under  one  notice  and 
at  one  meeting,  by  separate  action,  detach  lands  from  separate  school  dis- 
tricts and  attach  them  to  one  district. — [  Doxey  v.  The  Township  Board  of 
School  Inspectors  of  Martin  Township,  67  Mich.,  601. 

If 43.  Where  the  action  of  a  board  of  school  inspectors  in  detaching  ter- 
ritory from  a  district  without  the  consent  of  a  majority  of  the  resident  tax- 
payers and  attaching  it  to  another  district,  left  land  enough  in  the  former 
for  school  purposes,  they  may  afterwards  consolidate  such  remaining  ter- 
ritory, with  the  consent  of  its  remaining  taxpayers,  with  any  other  dis- 
trict which  gives  a  like  consent. — [  Ibid. 

Tf44.  At  a  school  meeting  to  vote  on  the  question  of  dissolving  the  dis- 
trict, 18  votes  were  cast  in  favor  of  the  proposition  and  9  against  it. 
Every  person  present  who  possessed  the  qualifications  of  a  voter  at  any 
school  meeting  wras  allowed  to  vote,  without  reference  to  sex,  or  whether 
or  not  he  or  she  was  a  resident  taxpayer.  Ten  or  more  persons  wrho  were 
not  resident  taxpayers  voted,  and  some  of  the  legal  taxpayers  did  not  vote, 


DIGEST  OF  DECISIONS.  93 


and  some  were  not  present.  Held,  that  the  consent  of  a  majority  of  the 
resident  taxpayers  had  not  been  obtained  as  required  by  Howell's  Stat- 
utes, §5041. — [Briggs  v.  Borden  et  al.  School  Inspectors,  38  N.  W.  Rep., 
712. 

fl45.  A  bill  will  lie,  at  the  suit  of  a  resident  taxpayer,  to  restrain  the 
board  of  school  inspectors  from  selling  a  schoolhouse  and  site,  furniture, 
etc.,  under  color  of  a  void  attempt  to  dissolve  the  district  to  which  such 
schoolhouse,  etc.,  belongs. —  [  Ibid. 

ff46.  Under  HowelPs  Statutes  §5041  providing  that  school  districts 
cannot  be  divided  or  consolidated  without  the  consent  of  a  majority  of 
the  resident  taxpayers  of  each  district,  a  return  by  the  board  of  school  in- 
spectors stating  that  the  persons  consenting  are  a  majority  of  the  resident 
taxpayers  of  the  districts,  is  conclusive  as  to  such  fact,  though  the  consent 
filed  by  the  districts  does  not  state  that  the  persons  are  a  majority. — 
[Gentle  v.  Board  of  School  Inspectors  of  Golf  ax  Township,  40  N.  W.  Rep., 
928. 

1J47.  Proceedings  for  organizing  a  new  school  district,  taken  without 
giving  the  full  ten  days'  notice  required  by  HowelPs  Statutes  §5040,  are 
not  rendered  valid  by  filing  of  a  consent  by  a  majority  of  the  citizens  of 
each  district  affected,  such  consent  being  required  by  §5041,  as  the  notice 
is  a  jurisdictional  requirement  and  the  minority  have  a  right  to  be  heard 
and  a  right  to  the  full  notice  required. — [  Ibid. 

Tf48.  Quo  warranto  is  the  proper  remedy  to  determine  the  legal  exist- 
ence of  a  school  district,  and  the  right  of  particular  persons  to  exercise 
the  offices  of  moderator,  assessor,  and  director. — [  People  ex  rel.,  Roser 
et  al.,  v.  Gartland  Moderator  et  al.,  42  N.  W.  Rep.,  687. 

fl49.  Under  HowelPs  Statutes  §5033  providing  that  no  school  district 
shall  contain  more  than  nine  sections  of  land,  a  district  containing  five 
full  sections  and  eight  fractional  sections,  the  whole  not  exceeding  in 
quantity  of  land  nine  full  sections,  is  legal. — [  Ibid. 

1J50.  The  statutory  provision  concerning  the  election  of  school  district 
officers  by  ballot  is  mandatory;  but  where  such  officers  have  been  unani- 
mously elected  by  vive  voce  vote  at  a  regular  meeting,  no  other  persons 
claim  to  have  been  elected,  and  they  are  qualified  and  are  acting,  they 
will  not  be  ousted  by  quo  warranto. —  [  Ibid. 


V. 

DISTRICT   MONEYS,   WARRANTS    AND   ORDERS. 

1J51.  An  action  for  money  had  and  received  will  lie  in  favor  of  a  school 
district  to  recover  district  moneys  received  by  its  assessor,  and  which 
after  expiration  of  his  term  of  office  he  refuses  on  demand  to  pay  over  to 
his  successor,  and  an  action  upon  the  assessor's  bond  is  not  the  exclusive 
remedy;  the  bond  is  required  as  additional  security,  but  it  does  not  super- 
sede the  officer's  individual  responsibility. —  [  Mason  v.  Fractional  School 
District  No.  1  of  Scio  and  Webster,  34  Mich.,  228. 

fl52.  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his 
hands,  when  the  same  are  properly  demanded  by  his  successor  a  fort- 


94  APPENDIX  A. 


night  after  the  latter  has  been  regularly  elected  and  has  accepted  and 
qualified,  upon  any  claim  that  he  is  entitled  to  be  first  personally  notified 
officially  of  such  election  and  acceptance;  he  is  chargeable  with  notice  of 
these  facts  without  any  personal  certification  thereof. —  [  Ibid. 

1J53.  An  official  treasurer  cannot  defend  an  action  to  make  him  turn 
over  to  his  successor  the  funds  in  his  official  custody,  upon  any  questions 
of  the  regularity  of  the  proceedings  whereby  the  funds  came  into  his 
possession. — [  Ibid. 

ff54.  The  assessor  of  a  school  district  is  the  lawful  treasurer  and  de- 
pository of  school  district  funds,  and  all  moneys  must  pass  through  his 
hands  and  be  paid  out  by  him  on  proper  orders. —  [School  District  No.  9 
of  Midland  v.  School  District  No.  5  of  Midland,  40  Mich.,  551. 

fl55.  A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  applica- 
tion for  mandamus  to  require  an  assessor  of  a  school  district  to  pay  an 
order  drawn  on  him  in  favor  of  a  school  teacher. —  [Allen  v.  Frink,  32 
Mich.,  96. 

fl56.  It  is  not  necessarily  the  duty  of  the  moderator  of  a  school  district 
to  countersign  an  order  upon  the  assessor  drawn  by  the  director.  He  has 
a  right  to  satisfy  himself  that  the  claim  for  which  it  was  drawn  is  a  valid 
one,  and  that  it  was  drawn  by  the  director  in  the  proper  performance  of 
his  duty.— [  Stockwell  v.  Township  Board  of  White  Lake,  22  Mich.,  341. 

Tf57.  The  disbursement  of  all  school  moneys  is  required  by  the  statute 
to  be  made  by  orders  drawn  on  the  assessor  by  the  director  and  counter- 
signed by  the  moderator;  and  all  moneys  belonging  to  the  district  in  the 
town  treasurer's  hands  are  required  to  be  paid  to  the  assessor  on  war- 
rants drawn  by  the  director  and  countersigned  by  the  moderator.  The 
assessor  is  made  treasurer  of  the  district,  and  required  to  hold  all  dis- 
trict moneys  until  properly  drawn  out  by  warrant.  It  is  made  the  ex- 
press duty  of  the  director  to  draw  and  sign  warrants  upon  the  township 
treasurer,  payable  to  the  assessor,  for  all  moneys  raised  for  district  pur- 
poses or  apportioned  to  the  district  by  the  township  clerk,  and  present 
them  to  the  moderator  to  be  signed ;  and  it  is  made  the  duty  of  the  modera- 
tor to  countersign  such  warrants. — [  Burns  v.  Bender,  36  Mich.,  195. 

1f58.  District  moneys  in  the  hands  of  the  township  treasurer  are  not 
subject  to  be  applied  to  any  district  purpose,  except  through  the  hands 
of  the  assessor.  And  the  duty  of  suing  to  thus  transfer  them  into  the 
custody  of  the  assessor,  if  qualified,  is  laid  on  the  director;  and  the  duty 
of  procuring  this  transfer  within  some  reasonable  time  is  not  discretion- 
ary, but  absolute.  The  moderator  is  bound  under  ordinary  circumstances 
to  countersign  all  orders  of  the  director  for  that  purpose;  and  if  he  refuses 
in  a  proper  case  to  do  so,  mandamus  will  lie  to  compel  him. — [  Ibid. 

Tf59.  The  statute  making  it  the  duty  of  the  director  to  present  the 
warrant  to  the  moderator  for  signature,  he  may  properly  be  a  relator  to 
obtain  it  by  compulsion  of  law,  when  refused.  He  is  the  proper  custo- 
dian of  the  completed  warrant,  for  the  purpose  of  delivery  to  the  assessor. 
— [  Ibid. 

1J60.  The  query  is  suggested,  whether  the  assessor  would  not  also  be 
a  competent  relator. — [  Ibid. 


DIGEST  OF  DECISIONS.  95 


If 61.  The  town  treasurer  has  no  authority  to  make  payments  of  dis- 
trict moneys,  even  to  the  assessor,  except  upon  the  warrant  prescribed  by 
statute;  and  no  payment  not  authorized  by  warrant  is  a  valid  official  pay- 
ment, such  as  to  preclude  the  district  from  holding  him  responsible  for 
moneys  lawfully  in  his  hands.  Payments  made  otherwise  than  in  the 
prescribed  mode,  are  made  in  his  own  wrong  and  cannot  diminish  the 
fund  for  which  he  is  responsible. — [  Ibid. 

If 62.  Respondent  occupying  the  double  position  of  moderator  and  town 
treasurer,  is  not  thereby  authorized  to  set  up  his  previous  illegal  dis- 
bursements of  the  district  moneys  as  treasurer  as  an  excuse  for  not  doing 
his  duty  as  moderator;  his  double  functions  will  not  relieve  him  in  one 
capacity  from  doing  his  duty  in  another. — [  Ibid. 

Tf63.  Warrants  drawn  by  the  officers  of  school  districts  upon  the  town- 
ship treasurer  for  school  moneys  are  not  negotiable,  and  the  treasurer  is 
under  no  obligation  to  pay  them  except  to  the  district  assessor. — [Fox 
v.  Shipman,  19  Mich.,  218. 

1f64.  An  order  drawn  upon  the  township  treasurer  by  the  director  and 
countersigned  by  the  moderator  of  a  school  district,  payable  to  A,  or 
bearer,  is  void  upon  its  face.  The  director  has  no  power  to  draw  any 
order  on  the  township  treasurer  for  any  money  of  the  district  in  his 
hands,  payable  to  any  one  but  the  district  assessor,  who  is  the  disbursing 
officer  of  the  district. — [  Fractional  School  District  No.  4  of  Macomb  and 
Chesterfield  v.  Mallary,  23  Mich.,  111. 

fl65.  The  statute  expressly  requiring  the  township  treasurer  to  pay  the 
amount  of  taxes  raised  for  school  purposes  to  the  order  of  the  school  dis- 
trict officers,  his  liability  therefor  is  distinct  from  his  ordinary  liability  for 
township  moneys,  and  cannot  be  released  or  in  any  way  affected  by  the 
action  of  the  township  board. — [Jones  v.  Wright,  34  Mich.,  371. 

If 66.  A  township  treasurer  has  no  right  to  receive  for  school  moneys 
anything  which  the  law  has  not  authorized  to  be  so  received,  and  if  he 
chooses  to  do  so  and  to  receipt  for  the  taxes,  he  must  make  good  the 
amount. — [Ibid. 

Tf67.  A  town  treasurer  can  pay  school  moneys  only  to  the  school  dis- 
trict assessor,  and  then  only  on  the  warrant  of  the  proper  district  officers. 
—[School  District  No.  9  of  Midland  v.  School  District  No.  5  of  Midland, 
40  Mich.,  551.  , 

fl68.  A  school  district  at  an  annual  meeting  may  lawfully  recognize 
and  pay  equitable  claims,  even  though  they  are  not  strictly  legal 
demands,  against  it. — [Stockdale  v.  School  District  No.  2  of  Way  land 
et  al.,  47  Mich.,  226. 

If 69.  A  vote  to  issue  school  district  bonds  in  settlement  of  a  demand, 
if  in  excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal 
limit.— [Ibid. 

1f70.  A  corporate  act  which  can  only  be  taken  by  a  two-thirds  vote, 
cannot  be  rescinded  by  a  bare  majority. — [Ibid. 

If 71.  School  orders,  payable  to  bearer,  when  sold  without  endorsement 
at  a  discount,  and  it  not  appearing  that  the  vender  was  asked  or  made 
any  representations  as  to  their  character  or  consideration,  it  was  held 
that  in  the  absence  of  false  representations  or  of  fraud,  the  purchasers 
took  them  for  what  they  were  worth  and  had  no  cause  of  action  against 
the  vendor.— [White  et  al.  v.  Robinson,  50  Mich.,  73. 


96  APPENDIX  A. 


A  mandamus  will  lie  to  compel  a  township  treasurer  to  pay  to  the 
assessor  of  a  school  district  so  much  of  the  money  in  his  hands  as  is  cov- 
ered by  the  warrant  of  the  director  of  the  district,  drawn  in  favor  of  the 
assessor  and  in  proper  form,  even  though  it  does  not  specify  a  precise 
sum,  but  is  for  all  such  money  in  his  hands  as  wTas  raised  for  the  purposes 
of  the  school  district  and  belonged  thereto. —  [Bryant  v.  Moore,  50  Mich.r 
225. 

If73.  The  custodian  of  public  funds  is  bound  to  make  payments  on  a 
proper  warrant  to  the  extent  of  the  moneys  lawfully  in  his  hands  and 
cannot  refuse  on  the  ground  that  his  right  to  the  custody  of  the  remain- 
der is  disputed. —  [Ibid. 

1J74.'  Mandamus  to  compel  the  payment  of  money  may  be  granted  so 
far  as  concerns  a  portion  of  the  demand,  while  as  to  the  rest  the  appli- 
cation is  dismissed. —  [Ibid. 

1J75.  When  the  moderator  and  assessor  of  a  school  district  are  sued 
upon  an  order  signed  by  them,  a  finding  that  it  was  signed  on  a  false  and 
fraudulent  statement  that  the  school  director  approved  and  would  sign  it, 
and  on  condition  that  it  should  be  of  no  force  unless  he  did  sign  it,  and 
the  farther  finding  that  there  was  no  purpose  to  contract  except  for  the 
district,  defeats  an  action  thereon  in  the  absence  of  any  showing  of  subse- 
quent action  creating  contract  relations,  or  of  any  action  by  defendants 
taken  with  the  knowledge  of  the  facts  and  estopping  them  personally. — 
[Kane  v.  Stowe,  50  Mich.,  317. 

-If 76.  Mandamus  to  compel  a  school  district  assessor  to  pay  a  school 
order  was  allowed  where  the  court  was  satisfied  there  was  no  valid 
defense. — [Martin  v.  Tripp,  51  Mich.,  184. 

Tf77.  Interest  from  the  time  of  demand  may  be  allowed  in  granting 
mandamus  for  the  payment  of  a  school  order,  when  it  is  such  a  settled 
demand  as  would  sustain  a  recovery  of  interest  at  law. — [Ibid. 

fl78.  Mandamus  will  lie  on  relation  of  a  school  district  assessor  to 
compel  the  clerk  of  a  township  to  which  the  district  formerly  belonged, 
to  certify  to  the  supervisor  of  the  township  to  which  it  now  belongs,  the 
amount  ascertained  by  the  school  inspectors  as  due  to  the  new  district 
from  what  remained  of  the  old  district  out  of  which  it  was  erected. — 
[Ramsey  v.  Clerk  of  Everett  Township,  52  Mich.,  344. 

If 79.  A  town  treasurer  refusing  to  pay  a  warrant  drawn  in  favor  of 
the  assessor,  whose  official  character  is  not  questioned,  on  the  ground 
that  the  moderator,  who  has  been  recognized  as  such  by  the  other  district 
officers,  is  not  a  legal  officer,  assumes  a  serious  responsibility.  The  court 
issued  a  mandamus  requiring  the  town  treasurer  to  pay  the  order.— 
[School  District  No.  8  of  Tallmadge  Township  v.  Root,  Town  Treasurer, 
61  Mich.,  373. 

VI. 

TEACHEKS'    CONTRACTS   AND   CERTIFICATES. 

Tf80.  When  a  contract  for  hiring  a  teacher  has  been  signed  by  the 
director  of  the  school  district  and  by  the  teacher,  and  the  moderator 
writes  upon  it  "approved,"  and  subscribes  it  as  moderator,  such  approval 
and  signature  will  be  treated  as  in  legal  effect  a  signature  of  the  contract 


DIGEST  OF  DECISIONS. 


by   such  moderator. —  [Everett  v.   Fractional   School   District  No.   2   of 
€annon,  30  Mich.,  249. 

fl81.  The  provision  of  the  statute  that  the  contract  for  hiring  a  school 
teacher  shall  require  the  teacher  to  keep  a  correct  list  of 'the  pupils  and 
the  age  of  each  attending  the  school,  etc.,  imposes  the  duty  upon  the 
teacher  of  keeping  such  list;  and  this  becomes  in  legal  effect  a  part  of  his 
contract,  whether  the  written  contract  expressly  stipulates  for  it  or  not. 
—[Ibid. 

JJ82.  The  provision  of  the  statute  requiring  the  keeping  of  a  list  of 
pupils,  etc.,  to  be  inserted  in  the  contract  is  merely  directory  and  does  not 
render  invalid  a  contract  from  which  such  requirement  has  been  omitted, 
provided  it  be  good  in  other  respects  and  entered  into  in  good  faith. — 
[Ibid. 

fl83.  A  school  district  is  a  municipal  corporation  and  cannot  be  gar- 
nisheed,  even  by  its  own  consent,  unless  the  debtor  also  consents. — 
[School  District  No.  4  of  Marathon  v.  Gage,  39  Mich.,  484. 

fl84.  It  is  against  public  policy  to  allow  the  wages  of  persons  in  public 
employments  to  be  reached  by  garnishment. — [Ibid. 

1J85.  School  management  should  always  conform  to  those  decent 
usages  which  recognize  the  propriety  of  omitting  to  hold  public  exercises 
on  recognized  holidaj^s;  and  it  is  not  lawful  to  impose  forfeitures  or 
deductions  for  such  proper  suspension  of  labor.  All  contracts  for  teaching 
during  periods  mentioned  must  be  construed  of  necessity  as  subject  to 
such  days  of  vacation,  and  there  can  be  no  penalty  laid  upon  such  observ- 
ances, in  the  way  of  forfeitures  or  reductions  of  wages. — [School  Dis- 
trict No.  4  of  Marathon  v.  Gage,  39  Mich.,  484.  [NOTE. — The  legal  holi- 
days established  by  statute  are  New  Year's  day  (January  1),  Washing- 
ton's birthday  (February  22),  Decoration  day  (May  30),  Independence 
day  (July  4),  Labor  day  (first  Monday  in  September),  Christmas  day 
(December  25),  and  any  day  appointed  by  the  president  or  governor  as  a 
day  of  fasting  and  prayer  or  of  general  thanksgiving.  Whenever  a  legal 
holiday  falls  on  Sunday,  the  Monday  next  succeeding  is  to  be  observed 
instead. —  [Act  No.  124,  Laws  of  1865,  as  amended  bv  act  No.  163,  Laws 
of  1875,  and  by  act  No.  208,  Laws  of  1881. 

1J86.  If  a  teacher  is  employed  for  a  definite  time,  and,  during  the 
period  of  his  employment,  the  district  officers  close  the  schools  on 
account  of  the  prevalence  of  contagious  diseases,  and  keep  them  closed 
for  a  time,  and  the  teacher  continues  ready  to  perform  his  contract,  he  is 
entitled  to  full  wages  during  such  period.  The  act  of  God  is  not  an 
excuse  for  non-performance  of  a  contract,  unless  it  renders  performance 
impossible;  if  it  merely  makes  it  difficult  and  inexpedient,  it  is  not  suf- 
ficient. Although  under  such  circumstances  it  is  eminently  prudent  to 
dismiss  school,  yet  this  affords  no  reason  why  the  misfortune  of  the 
district  should  be  visited  upon  the  teacher. — [Dewey  v.  Union  School 
District  of  Alpena,  43  Mich.,  480. 

fl87.  The  statute  empowers  the  board  of  trustees  of  a  graded  school 
district  to  employ  all  teachers  necessary,  and  what  teachers  are  neces- 
sary is  left  to  be  decided  by  the  sound  discretion  of  the  trustees.  The 
making  of  a  contract  with  a  teacher  is  within  the  authority  of  the  board 
of  trustees,  and,  when  made,  neither  of  the  trustees  nor  the  voters  at  an 
13 


98  APPENDIX  A. 


annual  meeting  have  power  to  impair  its  obligation. —  [Tappan  v.  School 
District  No.  1  of  Carrollton,  44  Mich..  500. 

1f88.  In  a  suit  by  a  teacher  on  a  contract,  the  plaintiff  is  not  bound  to 
produce  the  contract  as  proof  of  her  certificate  of  qualification,  and  it  is 
not  error  to  allow  her  to  give  parol  proof  that  she  has  one. — [School  Dis- 
trict No.  1  of  Manistee  Township  v.  Cook,  47  Mich.,  112. 

If 89.  In  an  action  by  a  teacher  on  a  contract,  where  it  was  alleged  as 
error  that  the  contract  was  allowed  in  evidence  without  proof  that  those 
who  acted  for  the  school  district  in  making  it  were  not  authorized,  it  was 
held  that  this  allegation  did  not  sufficiently  present  the  objection  that  the 
officers  of  the  district  were  not  competent  to  bind  it  by  a  contract  extend- 
ing beyond  the  current  year,  especially  as  there  was  evidence  that  the 
officers  were  in  possession  and  presumptively  competent,  and  there  was 
no  evidence  that  they  were  not  authorized  to  employ  teachers. —  [Ibid. 

1f90.  A  school  teacher  cannot  be  lawfully  employed,  excepting  at  a 
meeting  of  the  board. —  [Hazen  v.  Lerche,  47  Mich.,  626. 

1f9l.  A  contract  with  a  teacher,  if  signed  by  a  majority  of  the  board,  is 
presumptively  valid  on  its  face  and  admissible  in  evidence  without 
further  proof.  The  payment  by  the  assessor  without  objection,  of  orders 
drawn  on  him  by  the  director  and  moderator  for  salary  of  teacher,  estops 
the  district  from  denying  validity  of  contract  under  which  such  services 
were  rendered,  and  amounts  to  a  ratification  of  the  contract;  and  direct 
proceedings  by  the  district  board  are  not  essential  to  such  ratification. 
—  [Crane  v.  School  District  No.  6  of  Bennington  Township,  61  Mich.,  299. 

jf92.  A  teacher's  contract  is  sufficiently  executed,  if  signed  by  the 
director  and  assessor.  Simultaneous  signing  is  not  necessary. — [Hollo- 
way  v.  School  District  No.  9  of  Ogden  Township,  62  Mich.,  153. 

If 93.  School  district  officers  should  know  under  what  authority  a 
teacher  assumes  to  act,  and  cannot  by  failing  to  hold  meetings,  set  up 
their  own  wrong  as  a  defense  to  an  honest  claim.  A  contract  signed  by 
the  required  number  of  officers,  under  which  the  teacher  is  permitted  to 
teach,  with  knowledge  of  the  entire  board,  will  be  presumed  valid.  A 
contract  valid  on  its  face  and  fully  performed,  with  acquiescence  of  all 
concerned,  cannot  be  repudiated. —  [Ibid. 

fl94.  Although  Howell's  Statutes,  §4969,  declares  that  a  certificate 
from  the  State  Normal  School  shall  serve  as  a  certificate  of  legal  quali- 
fication to  teach  when  filed  in  the  county,  city,  township,  or  district; 
failure  to  file  it  until  after  making  a  contract  to  teach  is  no  defense  to 
an  action  for  salary  earned  after  it  was  filed. —  [Smith  v.  School  District 
No.  2  of  Pleasant  Plains,  39  N.  W.  Rep.,  567. 

Tf95.  The  general  policy  of  the  school  law  is  that  schools  shall  be 
taught  by  qualified  teachers,  but  necessities  may  arise  where  this  cannot 
be  done.  A  district  may  be  unable  to  find  a  qualified  teacher.  Where  the 
employment  of  an  unqualified  teacher  is  a  necessity,  the  school  district 
is  authorized  to  employ  one  who  has  not  the  proper  certificate,  if  the 
school  board  are  satisfied  that  the  teacher  is  otherwise  qualified,  and  to 
pay  such  teacher  out  of  the  moneys  belonging  to  the  district.  But  the 
primary  school  moneys  and  mill  tax  cannot  be  applied  to  that  purpose. 
—[State  ex  rel.  Hale  v.  Risley,  Moderator,  37  N.  W.  Rep.,  570. 

fl96.  Under  Howell's  Statutes,  §5154,  which  provides  that  the  secre- 
tary of  the  board  of  school  examiners  shall  have  power  to  grant  special 


DIGEST  OF  DECISIONS.  99 


certificates  of  qualification  to  teachers  which  shall  not  continue  in  force 
beyond  the  next  public  examination  by  the  board,  the  secretary  has  no 
power  four  days  after  such  examination,  to  grant  a  special  certificate  to 
a  person  who  had  been  teaching  under  a  special  certificate  granted  by 
the  secretary,  but  who  failed  to  pass  the  public  examination. — [Lee  v. 
School  District  No.  2  of  Alcona  Township,  38  N.  W.  Rep.,  867. 

K97.  The  fact  that  a  third  person,  at  a  public  examination  of  teachers, 
acted  with  a  majority  of  the  board  of  examiners  in  conducting  the  exam- 
ination, does  not  invalidate  the  proceedings;  and  a  person  who  failed  to 
pass  cannot  complain  where  it  does  not  appear  that  such  third  person 
had  anything  to  do  with  her  failure  to  get  a  certificate. — [Ibid. 

K98.  How.  Stat,  Sec.  5065,  provides  that  no  contract  with  any  person 
not  holding  a  legal  certificate  of  qualification  then  authorizing  such 
person  to  teach,  shall  be  valid.  The  question  here  presented  is  not  at  all 
analogous  to  that  before  the  court  in  Crane  v.  School  District,  61  Mich.r 
299,  or  in  Holloway  v.  School  District,  62  Mich.,  153,  where  the  question 
related  to  the  informality  in  the  execution  of  the  contract.  But  the 
alleged  contract  in  the  case  was,  under  the  facts  as  they  existed,  pro- 
hibited by  law  and  cannot  be  made  the  basis  of  a  recovery. — [Goose 
River  Bank  v.  School  Township,  44  N.  W.  Rep.,  1002;  Hosmer  v.  School 
District,  59  N.  W.  Rep.,  1035;  Will  R.  Bryan  v.  Fractional  District  No. 
1  of  the  Townships  of  Shelby  and  Sterling. 


VII. 

LIABILITIES   OF   DISTRICTS. 

K99.     The  director  of  a  school  district  is  not  legally  entitled  to  com- 

msation  from  the  district  for  his  services. —  [Hinman  v.  School  District 
To.  1,  4- Mich.,  168.  [NOTE. — The  law  is  since  changed  so  as  to  authorize 

)mpensation  to  be  voted  by  the  district.  General  School  Laws  of  1889r 
§27.] 

fllOO.  Where  two  districts  are  united  under  the  statute,  the  new  dis- 
trict is  alone  liable  for  all  the  former  debts  of  each;  and  a  judgment 
afterwards  rendered  against  one  of  the  former  districts  is  a  nullity. — 
[Brewer  v.  Palmer,  13  Mich.,  104. 

fllOl.  Charts  or  cards  containing  the  multiplication  table,  practical 
forms  of  business  contracts,  and  also  brief  mention  of  prominent  histor- 
ical events,  and  designed  for  use  in  school  rooms,  are  held  not  to  be 
necessary  appendages  for  the  schoolhouse,  within  the  meaning  of  the 
statute,  such  as  the  director  is  required  to  provide.—  [Gibson  v.  School 
District  No.  5  of  Vevay,  36  Mich.,  404. 

1(102.  There  was  no  such  necessity  for  the  purchase  of  these  charts  as 
would  bring  the  case  within  the  principles  of  School  District  v.  Snell 
(see  P03),  24  Mich.,  350.— [Ibid. 

1(103.  The  purchase  of  these  charts  by  the  director,  without  instruc- 
tion from  the  district  board,  being  unauthorized  and  void  as  to  the  dis- 
trict, his  retention  of  them,  and  occasionally  placing  them  in  the  school- 


100  APPENDIX   A. 


house,  could  not  operate  as  a  ratification  by  the  district  of  his  unauthor- 
ized purchase. — [Ibid. 

1[104.  Orders  due  from  one  district  to  another  are  not  enforceable  by 
mandamus  at  the  suit  of  one  to  whom  they  have  been  assigned. — [Maltz 
v.  Board  of  Education,  41  Mich.,  547. 

fll05.  Where  the  officers  of  a  school  district  purchased  for  the  dis- 
trict a  set  of  bound  books  and  some  blanks,  suitable  for  the  purposes  of 
the  district,  at  their  fair  value,  and  while  the  district  was  not  properly 
supplied  with  such  material,  in  the  absence  of  any  showing  that  the  dis- 
cretion of  such  officers  was  abused  or  exceeded,  the  district  is  liable. — 
[School  District  No.  4  of  Easton  v.  Snell,  24  Mich.,  350. 

1J106.  One  school  district  that  has  wrongfully  received  money  belong- 
ing to  another  cannot  in  an  action  by  the  latter  to  recover  it,  require  any 
strict  proof  of  the  regularity  of  the  proceedings  authorizing  it  to  be  col- 
lected.—  [School  District  No.  9  of  Midland  v.  School  District  No.  5  of 
Midland,  40  Mich.,  551. 

1J107.  Where  a  school  district  is  parceled  out  among  three  other 
existing  districts,  the  latter  cannot  be  held  jointly  liable  for  a  debt  of  the 
former  district;  whatever  they  are  bound  to  pay  must  be  a  several,  and 
not  a  joint  obligation. —  [Halbert  v.  School  Dists.,  36  Mich.,  421. 

1J108.  The  statute  having  confided  the  management  of  suits  brought 
against  a  school  district  to  the  a'ssessor  when  no  other  direction  has  been 
given  by  the  voters  in  district  meeting,  the  moderator  and  director, 
though  constituting  a  majority  of  the  district  board,  have  no  authority  to 
take  the  defense  of  a  suit  from  the  assessor;  the  control  of  suits  is  not 
among  the  powers  or  duties  confined  by  the  statutes  to  the  district  board. 
—[School  District  No.  4  of  Rush  v.  Wing,  30  Mich.,  351. 

ffl09.  The  suggestion  that  the  action  of  the  assessor  in  this  case  was 
such  as  to  be  evidence  of  an  adverse  interest  is  disregarded,  such  a  sug- 
gestion might  be  made  in  any  case  where  the  assessor  had  refused  to 
yield  his  legal  authority  to  another. — [Ibid. 

TfllO.  A  judgment  for  costs  against  the  district  on  the  dismissal  of  an 
appeal  taken  in  the  name  of  the  district  by  the  director,  without  the 
authority  or  assent  of  the  assessor,  on  the  ground  that  the  district  had 
not  appealed,  is  held  to  be  erroneous. — [Ibid. 

fllll.  Costs  are  not  awarded  against  the  school  district  in  this  court, 
on  a  writ  of  error  brought  without  authority  of  the  assessor,  to  review 
such  dismissal. — [Ibid. 

1J112.  A  mandamus  will  lie  to  compel  a  school  district  to  pay  orders 
Issued  by  it,  even  though  the  district  has  since  been  subdivided,  where 
statutory  provision  for  distributing  the  original  liability  has  not  been 
carried  out. —  [Turnbull  v.  Board  of  Education,  45  Mich.,  496. 

fill3.  Interest  upon  orders  issued  by  a  school  district  is  denied  upon 
granting  a  mandamus  to  compel  their  payment,  if  no  authority  has  been 
given  to  impose  it. — [Ibid. 

1fll4.  Under  a  contract  to  teach  "for  ensuing  year,"  which  contract 
contained  the  following  clause:  "Said  board  reserving  to  itself  the  right 
to  discharge  said  teacher  at  any  time  whenever  it  may  desire 

to  terminate  this  contract,  upon  one  week's  written  notice  to  said 
teacher  by  its  committee  on  teachers  and  text-books,"  the  refusal  of  the 
board  to  give  the  teacher  employment  at  the  opening  of  school  was 


DIGEST  OF  DECISIONS.  101 


equivalent  to  notice,  and  entitled  him  to  recover  for  one  week's  salary 
only. —  [Berry  v.  Board  of  Education  of  East  Saginaw. 


VIII. 

TUITION   OF    NON-RESIDENT   PUPILS. 


lf.115.  Before  any  action  can  be  maintained  under  the  statutes,,  for  the 
tuition  of  non-resident  pupils,  the  district  board  must  first  fix  and  deter- 
mine the  rate  of  tuition  of  such  pupils,  and  this  should  be  by  resolution 
of  the  board,  properly  recorded  by  the  director  in  the  records  of  the  dis- 
trict; and  the  fact  that  such  action  has  been  taken;  cannot  be  shown  by 
parol,  if  objected  to. —  [Thompson  v.  School  Bistrict  No.  6  of  Crockery, 
25  Mich.,  483. 


IX. 

ADMISSION   OF   COLORED   CHILDREN   TO   SCHOOL. 

The  amendment  to  the  primary  school  law  of  1867 — Laws  of 
1867,  vol.  1,  p.  42  [General  School  Laws  of  1889,  §45]— giving  equal 
rights  in  the  schools  to  all  residents,  is  applicable  to  the  city  of  Betroit, 
and  precludes  the  board  of  education  of  that  city  from  excluding  a  child 
from  any  public  school  on  the  ground  of  color.—  [People  v.  Board  of 
Education,  18  Mich.,  400. 

X. 

SCHOOL   SITES   AND   SCHOOLHOUSES. 

1J117.  Notice  of  a  meeting  of  the  board  of  school  inspectors  to  change 
a  schoolhouse  site  is  necessary. —  [Andress  v.  School  Inspectors  of  Will- 
iamstown,  19  Mich.,  333.  (See  fll  preceding.) 

1J118.  The  board  of  inspectors  have  no  power  to  change  a  schoolhouse 
site  on  a  written  request  of  a  majority  of  the  qualified  voters  of  the  dis- 
trict, except  in  cases  where  the  site  has  been  fixed  by  them  because  the 
inhabitants  were  unable  to  agree  upon  a  site. — [Ibid. 

1[119.  The  jurisdiction  to  condemn  lands  for  a  schoolhouse  site  is 
invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  it. 
-[Smith  v.  School  Bistrict  No.  2  of  Milton,  40  Mich.,  143. 

|120.  In  proceedings  to  condemn  land  for  a  schoolhouse  site,  the  cir- 
cuit judge  is  not  required  to  act  in  preference  to  a  circuit  court  commis- 
sioner.—  [Ibid. 

11121.  When  the  owner  of  land  that  is  sought  for  a  schoolhouse  site 
is  represented  at  the  proceedings  to  condemn  it,  he  is  deemed  to  waive 
objection  to  jurors,  if  he  does  not  challenge  them  at  the  time. —  [Ibid. 


102  APPENDIX  A. 


fl!22.  When  the  petition,  notice,  venire,  finding,  and  commissioner's 
certificate  in  proceedings  to  condemn  land  for  a  schoolhouse  site  are 
regular  on  their  face  and  show  full  compliance  with  statutory  require- 
ments, the  proceedings  are  presumed  regular;  and  if  the  parties  inter- 
ested were  represented  and  omit,  on  filing  the  proceedings,  to  make  a 
sworn  showing  to  the  circuit  court  of  any  other  defects,  such  as  an 
omission  to  designate  the  site  to  the  jury,  they  cannot  rely  on  it  there- 
after.— [Ibid. 

p.23.  A  school  district  contracting  for  the  building  of  schoolhouse 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefore  within 
such  reasonable  time  that  the  constructors  shall  not  be  delayed  on  their 
part. — [Todd  et  al.  v.  School  District  No.  1  of  Greenwood,  40  Mich.,  294. 

1J124.  Under  a  contract  for  the  construction  of  a  school  building 
which  provides  that  the  work  shall  be  "executed  in  the  best  and  most 
workmanlike  manner  and  agreeably  to  such  directions  as  may  be  given 
from  time  to  time"  by  the  architect  or  his  assistant  [the  local  superin- 
tendent of  the  work  employed  by  the  district] ,  "and  to  his  full  and  entire 
satisfaction  without  reference  thereon  to  any  other  person,"  [it  was  held] 
that  all  claims  for  alterations  or  extras  were  to  be  judged  of,  determined, 
and  adjusted  "solely  by  the  superintendent/'  and  that  payment  should 
•be  made  on  the  certificate  of  the  architect  or  superintendent,  partly  on 
monthly  estimates,  from  time  to  time,  and  the  balance  on  completion  of 
the  building;  whatever  passed  under  the  inspection  of  the  superintendent 
as  the  work  progressed,  and  was  in  good  faith  approved  by  him, 
expressly  or  by  implication,  was  not  open  to  objection  on  the  part  of  the 
district  afterwards;  and  the  certificate  of  the  architect  was  not  a  con- 
dition precedent  to  the  right  of  the  contractor  to  recover  for  the  work  so 
approved.— [Wildey  v.  Fractional  School. District  No.  1  of  Paw  Paw  and 
Antwerp,  25  Mich.,  419. 

||125.  Variances  from  such  a  contract  which  have  been  treated  at  the 
time  as  immaterial  by  both  parties  will  not  afterwards  be  held  to  be 
departures  from  the  contract ;  and  what  was  regarded  at  the  time  as  sub- 
stantial compliance  with  its  terms,  constitutes  a  performance  in  law. — 
[Ibid. 

j[126.  Intentional  departures  from  such  contract,  made  without  the 
consent,  express  or  implied,  of  the  district  officers,  architect,  or  superin- 
tendent and  in  disregard  of  their  directions,  would  not  bar  a  recovery 
for  other  portions  of  the  work  which  were  duly  approved;  but  the  district 
would  have  a  right  to  insist  on  the  proper  changes  in  the  work  to  make  it 
conform  to  the  contract,  and  to  recover  any  damages  sustained  by  the 
failure. —  [Ibid. 

1J127.  The  mere  fact  of  taking  possession  and  occupying  the  building 
by  the  district  for  their  schools,  after  the  time  when,  by  the  contract,  it 
was  to  be  completed,  would  not,  of  itself,  constitute  an  acceptance  which 
should  bar  any  claim  on  the  part  of  the  district  to  insist  upon  a  rectifica- 
tion of  any  faults,  or  the  payment  of  any  damages  they  may  have  suffered 
by  the  failure  in  strict  compliance;  but  the  fact  of  maldng  payments 
afterward  without  objection,  the  matter  of  taking  possession,  and 
whether  with  or  without  objection  to  any  variation,  would  have  an 
important  bearing  on  the  question  of  fact,  whether  any  rights  were  inten- 
tionally waived,  or  wrhether  there  was  a  purpose  to  accept  the  building 
as  completed  in  substantial  compliance  with  the  contract. —  [Ibid. 


DIGEST  OF  DECISIONS.  103 


1J128.  Mandamus  will  not  lie  to  compel  a  circuit  judge  to  overrule  his 
finding  that  the  proceedings  [of]  taking  for  the  condemnation  of  a  site 
for  a  schoolhouse  were  irregular,  and  to  compel  him  to  enter  judgment 
for  the  amount  found  due. —  [School  District  No.  5  of  the  Township  of 
Delhi  v.  The  Circuit  Judge  for  Ingham  County,  49  Mich.,  432. 

1J129.  Proceedings  to  condemn  land  for  a  schoolhouse  site  will  be 
quashed,  if  there  is  no  lawful  designation  thereof  shown  by  the  records. 
—  [Heck  v.  School  District  No.  2  of  Essex,  49  Mich.,  551. 

fl30.  The  school  law  (Act  164  of  1881)  permits  land  to  be  condemned 
for  school  purposes  only  when  a  site  has  been  lawfully  determined,  and  it 
confines  the  power  of  the  township  inspectors  to  determine  the  site  to 
cases  where  the  inhabitants  themselves  cannot  do  it;  and  it  seems  that 
more  than  one  site  cannot  be  designated  except  by  the  inhabitants. — 
[Ibid. 

11131.  The  justice  to  whom  a  petition  for  the  condemnation  of  land 
for  a  schoolhouse  site  is  presented,  is  not  empowered  to  hear  evidence  or 
pass  on  any  of  the  merits.—  [Ibid. 

11132.  Where  proceedings  to  condemn  land  for  a  schoolhouse  site  are 
brought  before  a  jury,  proof  of  a  legal  selection  of  a  site  must  be  made  to 
them,  and  without  it  thev  cannot  find  it  to  be  necessary  to  condemn  it. — 
[Ibid. 

1[133.  A  lease  to  a  school  district,  to  hold  the  property  "during  the 
time  it  is  used  for  school  purposes,"  is  a  lease  in  perpetuity  at  the  will  of 
the  lessee;  and,  as  the  lessee  is  a  corporation  and  words  of  inheritance  are 
not  required,  the  lease,  if  a  present  consideration  is  paid,  really  operates 
as  a  bargain  and  sale,  and  conveys  a  base  or  determinable  fee.  This  is 
sufficient  to  satisfy  the  provisions  of  the  school  law,  which  requires  a 
title  in  fee  or  a  lease  for  ninety-nine  years,  where  land  is  to  be  secured 
for  erecting  a  stone  or  brick  schoolhouse. —  [School  District  No.  5  of 
Delhi  v.  Everett,  52  Mich.,  314. 

1(134.  After  the  lapse  of  a  dozen  years  it  is  too  late  to  disturb  the  title 
to  a  schoolhouse  site  by  mere  questions  of  regularity  in  the  proceedings 
to  designate  it. — [Ibid. 

1)135.  A  surety  on  a  bond  given  to  secure  the  performance  of  a  con- 
tract for  building  a  schoolhouse,  cannot  recover  of  the  trustees  of  the  dis- 
trict for  moneys  due  him  for  materials  furnished  in  the  erection  of  the 
building,  by  reason  of  their  failure  to  require  the  contractor  to  execute 
the  statutory  bond  provided  for  by  act  No.  94,  Laws  of  1883. —  [Owen  v. 
Hill  et  al.,  67  Mich.,  43. 

1J136.  Whether  such  trustees  are  liable  in  any  event  for  such  neglect 
of  duty,  query, — Sherwood  and  Champlin,  J.  J.,  holding  them  so  liable, 
and  Campbell,  C.  J.,  and  Morse,  J.,  reserving  their  opinion  on  the  sub- 
ject.— [Ibid. 

XI. 

GRADED   AND    HIGH    SCHOOLS. 

1J137.  The  right  of  school  authorities  in  union  school  districts  of  this 
State  to  levy  taxes  upon  the  general  public  for  the  support  of  high 
schools,  and  by  such  taxation  to  make  free  the  instruction  of  children 
in  other  languages  than  English,  is  sustained. — [Stuart  v.  School  Dis- 
trict No.  1  of  Kalamazoo,  30  Mich.,  69. 


104  APPENDIX   A. 


1(138.  A  school  district  which  has  assumed  to  possess  and  exercise  all 
the  rights  and  franchises  of  a  regularly  organized  corporation  for  thir- 
teen years,  with  entire  acquiesence  of  everybody,  is  not  liable  to  have  the 
regularity  of  its  organization  or  of  the  legislation  under  which  it  acted, 
called  in  question  thereafter,  in  a  merelv  private  and  collateral  suit. — 
[Ibid. 

1(139.  Whether  or  not  the  statute  of  limitations  applies  in  terms  to  a 
case  where  it  is  not  so  much  the  organization  of  the  school  district  that 
is  questioned  as  its  authority  to  establish  a  high  school  and  levy  taxes 
therefor,  it  is  strictly  applicable  in  principle. —  [Ibid. 

1(140.  The  organization  claimed  and  asserted  by  the  district  being  that 
of  a  union  school  district,  the  presumption  of  organization  arising  from 
its  user  of  corporate  power  must  be  that  of  such  an  organization  as  its 
user  indicates,  and  whether  or  not  an  acquiescence  for  the  statutory 
period  of  two  years  will  raise  the  presumption  of  regular  organization, 
one  of  thirteen  years  certainly  will. —  [Ibid. 

1(141.  The  State  policy  of  Michigan  on  the  subject  of  education  and  of 
the  territory  before  the  State  was  organized,  beginning  in  1817  and  con- 
tinuing down  until  after  the  adoption  of  the  present  constitution,  having 
been  reviewed  and  considered,  the  conclusion  is  reached  that  there  is 
nothing  in  our  State  policy  or  in  our  constitution  or  in  our  laws,  restrict- 
ing the  primary  school  districts  of  the  State  in  the  branches  of  knowledge 
which  their  officers  may  cause  to  be  taught,  or  the  grade  of  instruction 
that  may  be  given,  if  the  voters  of  the  district  consent  in  regular  form  to 
bear  the  expense  and  raise  the  taxes  for  the  purpose  or  to  prevent  instruc- 
tion in  the  classics  and  living  modern  languages  in  these  schools.  — [Ibid. 

1(142.  The  power  to  make  the  appointment  of  a  superintendent  of 
schools  in  a  union  school  district  is  one  that  is  incident  to  the  full  con- 
trol which  by  law  the  district  board  has  over  the  schools  of  the  district. 
-[Ibid. 

1(143.  The  decree  below  dismissing  the  bill  filed  in  this  case  to  restrain 
the  collection  of  such  portions  of  the  school  taxes  assessed  against  the 
complainants  for  the  year  1872,  as  has  been  voted  for  the  support  of  the 
high  school  in  the  village  of  Kalamazoo  and  for  the  payment  of  the  salary 
of  the  superintendent,,  is  affirmed. — [Ibid. 

1(144.  The  board  of  tustees  of  a  graded  school  have  authority  to  pur- 
chase a  piano  for  the  purposes  of  a  high  school. —  [Knabe  et  al.  v.  The 
Board  of  Education  of  the  City  of  West  Bay  City,  67  Mich.,  262. 

1(145.  When  the  law  gives  the  board  of  trustees  powers  to  prescribe  the 
course  of  studies,  it  gives  them  the  authority  to  provide  means  to  carry 
the  powers  into  effect. —  [Ibid. 

XII. 

LIBRARY   MONEYS. 

1(146.  The  treasurer  of  the  board  of  school  inspectors  and  not  the 
township  treasurer,  is  the  proper  custodian  of  the  township  library 
money;  and  the  latter  officer,  on  proper  demand,  is  bound  to  pay  it  over 
to  the  former  and  is  not  entitled  to  withhold  it  until  it  is  drawn  by  the 
inspectors  as  needed  for  specific  appropriations;  and  mandamus  will  lie 


DIGEST   OF  DECISIONS.  105 


to  enforce  the  performance  of  this  duty. —  [McPharlin  v.  Mahoney,  30 
Mich.,  100. 

fl!47.  It  is  a  sufficient  ground  for  an  application  for  mandamus  to 
enforce  such  payment,  that  the  township  treasurer,  when  an  order  was 
properly  drawn  on  him  by  the  inspectors  for  such  money,  but  for  an 
amount  slightly  in  excess  of  the  money  in  his  hands,  refused  to  pay  over 
what  he  had,  not  on  the  ground  that  the  order  was  too  large  a  sum,  but 
upon  the  distinct  assertion  that  he  was  himself  the  proper  custodian  of 
the  funds,  and  was  not  bound  to  pay  them  over,  except  as  they  were 
required  by  the  inspectors  for  special  purposes. — [Ibid. 

[148.  Under  the  constitution  and  statutes,  all  moneys  which  are  paid 
into  the  office  of  the  county  treasurer,  on  account  of  fines,  penalties,  for- 
feitures, and  recognizances,  are  to  be  credited  to  the  library  fund,  and 
apportioned  and  paid  over  by  the  treasurer  to  the  proper  local  officers, 
without  any  deduction  for  expenses,  either  attending  the  collection  of  the 
particular  sums  paid  in  or  embracing  the  general  criminal  expenses  of 
the  county. —  [Board  Of  Education  of  Detroit  v.  Treasurer  of  Wayne 
County,  8  Mich.,  392, 


XIII. 

MISCELLANEOUS 

t[149.  A  communication  representing  that  a  certain  person  was  of  bad 
moral  character  and  wholly  unfit  to  teach  and  have  the  care  of  a  distrkt 
school,  made  to  a  township  superintendent  by  persons  interested  in  a  par- 
ticular school  within  its  jurisdiction,  for  the  sole  purpose  of  preventing 
the  issue  to  the  person  so  charged  of  a  license  to  teach  the  school,  is  held 
to  be  a  privileged  communication  and  not  actionable. — [Wieman  v.  Mabee. 
45  Mich.,  484. 

fllSO.  An  action  will  not  lie  on  a  communication  relating  to  personal 
character,  if  made  in  good  faith  and  for  an  honest  purpose  by  persons 
concerned,  and  to  the  proper  person.  Nor  will  it  lie  when  such  a  cony 
munication  is  untrue,  if  it  is  not  maliciously  made. —  [Ibid. 

fl!51.  A  school  director  has  authority,  in  the  exercise  of  a  sound 
discretion,  to  buy  new  seats  for  a  schoolhonse  under  a  resolution  adopted 
at  the  annual  meeting  of  the  school  district  "that  the  school  board  fix  the 
schoolhouse  ready  for  the  winter  term." — [McLaren  v.  Town  Board  of 
Akron,  48  Mich.,  189. 

fll52.  Act  164  of  1881,  in  authorizing  the  removal  of  a  school  district 
officer  for  illegally  using  or  disposing  of  any  of  the  public  moneys  in- 
trusted to  his  care,  does  not  cover  a  charge  of  conspiring  with  a  woman 
moderator  to  hire  her  husband  as  teacher  and  pay  him  more  than  was 
necessary  to  obtain  a  good  teacher. —  [Ibid. 

fll53.  If  one  of  two  parties  claiming  the  office  of  moderator  obtains  a 
judgment  of  ouster  against  co-claimant  and  is  recognized  by  the  director 
and  assessor,  he  becomes  an  incumbent  of  the  office  de  facto  and  his  action 
will  be  respected  while  in  office. —  [School  District  No.  8  of  Tallmade 
Township  v.  Root,  Town  Treasurer,  61  Mich.,  373. 
14 


APPENDIX   A. 

1J154.  The  practice  of  taking  "informal  ballots"  at  regular  election* 
has  no  legal  sanction,  may  mislead  voters,  and  is  open  to  grave  abuse  an< 
is  so  held  when  indulged  in  at  annual  school  meeting. — [Ibid. 

1[155.  A  line  fence  around  the  schoolhouse  site  is  a  "necessary 
appendage"  within  the  meaning  of  the  statute.  "Appendages,"  under 
the  school  statutes,  include  fuel,  fences,  and  necessary  outhouses.  The 
duty  of  the  director  to  provide  the  same  is  not  confined  to  the  school 
term;  they  should  be  on  hand  when  the  school  opens.  It  then  becomes 
his  duty  to  keep  the  same  in  repair,  as  also  the  schoolhouse. — [Creager 
v.  School  District  No.  9  of  Wright  Township,  62  Mich.,  101. 

1)156.  Direction  for  the  payment  of  primary  school  money  apportioned 
by  the  Superintendent  of  Public  Instruction  as.  between  districts,  if 
accompanying  the  apportionment,  cannot  be  altered  or  modified  by  the 
town  clerk. —  [Moiles,  Assessor,  v.  Watson,  Treasurer,  &c.,  60  Mich.,  415. 

11157.  Title  of  de  facto  officer  will  not  be  tried  on  application  for 
mandamus. —  [Ibid. 

1fl58.  The  mother  of  a  child  included  in  the  school  census  of  the  dis- 
trict, who  had  resided  therein  more  than  three  months  and  was  more 
than  twenty-one  years  of  age,  was  entitled  to  vote  at  a  school  meeting  for 
school  trustees,  though  the  constitution  of  Michigan  limits  the  right  of 
suffrage  to  males,  as  the  constitutional  qualifications  do  not  apply  to 
officers  for  which  the  legislature  has  the  right  to  provide,  among  which 
are  school  trustees. —  [Belles  v.  Burr  et  al.,  43  N.  W.  Rep.,  24. 

[NOTE. — This  decision  does  not  apply  to  cities  whose  charters  provide 
that  school  officers  shall  be  voted  for  on  the  same  ballot  with  other 
municipal  officers  at  a  general  election.  See  Mudge  v.  Jones,  59  Mich.,  165.] 

1J159.  A  rule  by  a  school  board  that  "pupils  who  shall  in  any  way 
deface  or  injure  the  school  building,  outhouses,  furniture,  maps,  or  any- 
thing else  belonging  to  the  school,  shall  be  suspended  from  school  until 
full  satisfaction  is  made,"  will  not  be  enforced  against  a  boy  who  acci- 
dentally breaks  a  window  glass.  Such  a  rule  will  not  be  sustained  where 
the  act  was  done  merely  through  carelessness  or  negligence,  but  it  must 
be  wilful  or  malicious  to  warrant  suspension  from  school. — [Joseph  H. 
Holrnan  v.  Trustees  of  District  No.  5,  Township  of  Avon.  (Opinion  filed 
Nov.  8,  1889.) 

1fl60.  It  is  the  duty  of  the  moderator  of  a  school  district  to  counter- 
sign all  proper  orders  drawn  by  the  director  or  the  district  treasurer,  and 
if  he  refuses  to  countersign  such  an  order  issued  in  full  compliance  with 
the  provisions  of  law,  mandamus  will  lie  to  compel  the  performance  of 
such  duty.— [Montgomery  v.  State,  53  N.  W.  Rep.,  586. 

1)161.  A  contract  of  employment  of  a  teacher,  entered  into  on  behalf 
of  the  district  by  the  director  and  treasurer,  will  bind  the  district, 
although  the  moderator  wras  not  consulted  concerning  the  employment. — 
[Montgomery  v.  State,  53  N.  W.  Rep.,  568. 

11162.  There  is  no  reason  why  the  school  district  should  be  put  to  the 
cost  of  a  suit  by  reason  of  the  refusal  of  the  assessor  to  discharge  a  duty 
which  might  be  compelled  by  proper  proceedings  against  him. —  [Phil- 
lipps  v.  School  District  No.  3,  79  Mich.,  170. 

1J163.  The  power  to  adopt  text-books  is  conferred  by  law,  and  cannot 
be  affected  by  any  rule  of  the  board  fixing  a  time  for  the  reconsideration 
of  motions  and  resolutions. —  [Jones  v.  Board  of  Education,  Detroit,  88 
Mich.,  371. 


DIGEST  OF  DECISIONS.  107 


HowelPs  Statutes,  paragraph  3,  section  5073,  sub.  6,  forbids  the 
purchase  by  a  school  director  of  any  charts  or  apparatus  for  the  school 
without  a  vote  of  the  district  authorizing  the  same;  held,  not  to  allow  of 
any  purchase  by  a  director,  whether  acting  singly  or  with  the  other  direct- 
ors, unless  upon  authority  of  the  district. —  [Western  Pub.  House  v.  School 
District  No.  1,  Locke,  53  N.  W.  Rep.,  1103. 

j[165.  A  notice  of  a  meeting  of  the  board  of  school  inspectors  of  a 
township,  which  is  in  fact  signed  by  the  township  clerk,  is  a  valid  notice, 
whether  he  describes  himself  as  township  clerk  or  as  clerk  of  the  board 
of  school  inspectors. — [McDonough  v.  Dewey,  82  Mich.,  309. 

|f!66.  A  notice  of  the  proposed  enlargement  of  a  school  district  by 
attaching  territory  taken  from  two  contiguous  districts,  which  gives  the 
exterior  boundaries  of  the  district  before  and  after  such  enlargement,  but 
which  fails  to  name  the  contiguous  districts,  is  sufficiently  definite  and 
certain  and  shows  upon  its  face  that  the  two  districts  are  to  be  affected 
by  the  proposed  action  of  the  inspectors. —  [McDonough  v.  Dewey,  82 
Mich.,  309. 

Tfl-67.  No  power  is  now  conferred  by  statute  upon  the  voters  at  an 
annual  meeting  to  determine  whether  the  school  should  be  kept  by  a  male 
or  female  teacher. —  [Cleveland  v.  Amy,  88  Mich.,  377. 

1J168.  While  we  are  not  prepared  to  say  that  the  board  has  a  right 
arbitrarily  to  refuse  a  certificate  to  one  possessing  the  proper  qualifica- 
tions, we  are  prepared  to  say  that,  if  the  board  should  refuse  a  certificate 
through  a  personal  prejudice  or  a  wilful  intent  to  injure  an  applicant,  and 
deprive  him  or  her  of  earning  a  livelihood  at  teaching,  such  person  would 
have  the  same  remedy  as  any  other  person  who  was  injured  by  the  mal- 
feasance of  a  public  officer.  The  matter  of  selecting  or  certifying  proper 
and  competent  teachers  in  our  schools  is  one  of  much  importance;  and, 
vested  as  it  is,  in  a  board  of  school  examiners  who  by  personal  examina- 
tion are  better  qualified  to  survey  and  consider  all  the  circumstances 
which  should  influence  one  in  forming  a  judgment,  we  should  hesitate  to 
interfere,  and  will  only  do  so  in  a  case  free  from  doubt  and  of  a  gross 
perversion  of  duty. —  [Sturdevant  v.  School  Examiner,  Eaton  County. 

If  169.  Plaintiff  held  a  certificate  which  expired  one  month  after  he 
began  his  school  *  failed  to  procure  a  certificate  upon  two 

trials.  It  was  his  business  to  quit;  and  after  such  failure  neither  one  nor 
all  of  the  district  officers  could  continue  him  in  the  school  and  bind  the 
district  to  pay  for  his  services,  as  it  is  shown  that  there  was  no  difficulty 
in  obtaining  qualified  teachers  in  that  vicinity. —  [Devoe  v.  School  Dis- 
trict No.  3,  77  Mich.,  610. 

If  170.  A  high  school  is  not  a  "  college  "  or  university  within  the  mean- 
ing of  Public  Acts  1891,  No.  147,  which  provides  that  graduates  of  such 
institutions  shall  be  eligible  to  the  office  of  county  commissioner  '  of 
schools.— [  People  v.  Hewlett,  53  N.  W.  Rep.,  1100. 

fllTl.  Under  Public  Acts  of  1891,  No.  147,  making  the  holding  of  a 
first  grade  certificate  as  teacher  a  qualification  for  the  office  of  county 
school  commissioner,  such  certificate  issued  to  one  after  his  election, 
though  dated  prior  thereto,  is  insufficient. —  [  People  v.  Howlett,  53  N.  W. 
Rep.,  1100. 

ff!72.  A  first  special  grade  certificate  of  qualification  as  teacher  can  be 
granted  only  after  the  regular  public  examination  provided  for  by  Public 


108  APPENDIX  A. 


Acts  1887,  No.  226,  and  Public  Acts  1891,  No.  14.7.—  [  People  v.  Hewlett, 
53  N.  W.  Kep.?  1100. 

1fl73.  Where  one  disqualified  under  Public  Acts  1891,  No.  147,  to  act 
as  county  school  commissioner,  is  elected  to  that  office,  a  judgment  of 
ouster  is  proper,  though  there  is  no  opposing  claimant  for  the  office. — 
[  People  v.  Howlett,  53  N.  W.  Eep.,  1100. 

lf!74.  A  writ  of  mandamus  should  issue  to  compel  a  school  board  to 
collect  unpaid  institute  fees  of  teachers  before  completing  a  contract  for 
the  services  of  such  teachers. —  [  Hammond  v.  Board  of  Education  of  City 
of  Muskegon. 


OPESTIO^   OF  THE   ATTOE^EY   GENEBAL. 


EIGHT    OF    WOMEN   TO    VOTE    AT    SCHOOL    ELECTIONS    IN    CITIES    OF 

THE   FOURTH    CLASS. 

(Attorney   General  of   Michigan.) 

The  Hon.  Washington  Gardner,  Secretary  of  State,  Lansing,  Mich.: 
•    MY  DEAR  SIR— Yours  of  a  recent  date  received.    You  ask,  "Can  women  now  vote 
at  regular  annual  elections  of  school  trustees,  held  in  this  State,  who  live  in  cities 
incorporated  under  the  provisions  of  act  No.  215  of  the  public  acts  of  1895,  being 
'An  act  to  provide  for  the  incorporation  of  cities  of  the  fourth  class.'  " 

Owing  to  the  importance  of  this  question,  and  especially  from  the  announcement 
that  has  been  made  public  that,  owing  to  somebody's  mistake,  women  residing  in 
these  cities  were,  as  the  law  now  reads,  unintentionally  deprived  of  the  privilege 
which  they  have  long  enjoyed,  I  have  given  very  careful  attention  to  this  matter 
to  determine  what,  in  fact,  the  law  is  on  the  subject.  As  a  result  of  this  exami- 
nation, I  am  clearly  of  the  opinion  that  no  such  result  has  been  reached,  and  that 
the  women  who  are  duly  qualified,  under  the  general  school  law,  can  continue  to 
vote  and  hold  office  in  exactly  the  same  manner  as  they  did  before  the  adoption 
of  the  act  in  question. 

The  words  which  have  been  regarded  as  sufficient  to  disfranchise  women  are 
found  in  section  4,  chapter  32,  on  page  489  of  said  act,  and  they  are  as  follows : 

"Every  person  shall  be  entitled  to  vote  at  such  election  who  is  a  qualified  voter  of 
the  State,  and  qualified  by  the  laws  of  the  State  to  vote  at  any  election  for  school 
officers." 

These  words  standing  alone  and  read  without  reference  to  the  intent  of  the  legis- 
lature, as  gathered  from  the  entire  act,  are,  I  confess,  somewhat  ambiguous,  and 
might  lead  to  the  conclusion  that  women  were,  in  fact,  disfranchised.  But  it  is  a 
fundamental  principle  in  the  construction  of  statutes,  that  the  intention  embodied 
and  embraced  in  the  statute  is  the  vital  thing— the  very  essence  of  the  law.  And, 
while  it  is  true  that,  where  the  words  are  clear,  certain  and  unambiguous,  so  that 
the  legislative  intent  is  perfectly  clear,  there  is  no  room  for  construction;  it  is 
always  equally  true  that  if  from  a  view  of  the  whole  law  or  from  other  laws  in 
•pari  materia  the  evident  intention  is  different  from  the  literal  import  of  the  terms 
employed  to  express  it  in  a  particular  part  of  the  law,  that  the  intention  must  pre- 
vail. That,  in  fact,  is  the  will  of  the  legislature. 

With  this  foundation  principle  in  view,  we  are  prepared  to  address  ourselves  to 
the  consideration  of  the  sentence  above  quoted,  and  inquire  what  do  the  words 
really  mean? 

As  has  been  well  said,  in  determining  what  a  particular  provision,  clause,  or 
word  means,  we  must  proceed  as  we  would  with  any  other  composition— construe 
it  with  reference  to  the  leading  idea  or  purpose  of  the  whole  instrument.  The 
whole  and  every  part  must  be  considered;  and  always  the  general  intent  should  be 
kept  in  view  in  determining  the  scope  and  meaning  of  any  part.  This  survey 
and  comparison  are  necessary  to  ascertain  the  purpose  of  the  act  and  to  make 
all  the  parts  harmonious.  They  ace  to  be  brought  into  accord,  if  practicable,  and 
thus,  if  possible,  give  a  sensible  and  intelligent  effect  to  each  in  furtherance  of 
the  general  design.  The  words  and  meaning  in  one  part  of  an  act  often  lead  to 
and  furnish  the  explanation  of  the  sense  of  another.  And  if  the  comparison  of 
one  clause  with  the  rest  of  the  statute  makes  a  certain  proposition  clear  and 
undoubted,  the  act  must  be  construed  accordingly,  so  as  to  make  it  one  consistent 
whole.  And  if,  after  all,  as  unfortunately  it  is  often  the  case,  this  cannot  be 
-done,  then,  that  construction  that  produces  the  greatest  harmony  and  the  least 


110  APPENDIX   A. 


inconsistency  is  that  which  must  prevail.  The  intention  of  the  whole  act  controls 
the  interpretation  of  any  of  its  parts.  And  I  have  no  hesitancy  whatever  in  say- 
ing that  the  legislative  intent,  as  gathered  from  the  entire  act.  is  perfectly  clear, 
that  is — that  women  were  to  be  allowed  to  vote  at  school  meetings  in  the  future 
as  they  had  in  the  past.  In  other  words,  that  there  was  no  intention  on  the  part 
of  the  legislature  to  disfranchise  women. 

In  the  first  place,  there  is  not  a  word,  either  in  the  act  itself  or  in  its  title,  that 
indicates  the  legislature  intended  to  repeal  act  No.  164  of  the  public  acts  of  1881, 
which  conferred  upon  women  of  certain  classes  the  right  to  vote  at  annual  school 
elections.  But,  on  the  contrary,  this  act  was  under  consideration  during  the  ses- 
sion of  the  legislature  last  winter,  and  section  17  of  chapter  2  of  said  act,  which 
gives  this  power  to  women,  was  amended,  in  certain  particulars,  but  in  no  way  as 
it  affects  the  right  of  women  to  vote;  which  has  been  judiciously  determined  to 
be  constitutional  (see  Belles  v.  Burr,  76  Mich.  1),  and  which  privilege  they  have 
enjoyed  for  more  than  thirteen  years.  In  'other  words,  the  legislature,  instead  of 
repealing  the  law  granting  this  privilege  to  women,  reconsidered  it  and  readopted 
it,  and  declared  that  that  which  had  been  should  continue  to  be  the  law  of  this 
State.  This  being  the  case,  it  is  absurd  that  the  legislature  should  immediately 
thereafter  turn  about  and  deny  to  women  who  happen  to  live  in  certain  named 
cities  the  privilege  which  they  freely  gave  to  all  other  women  of  the  'State.  The 
anomaly  of  a  woman  twenty-one  years  of  age  who  is  a  citizen  of  the  State  and 
owning  property  assessed  for  school  taxes,  or  who  is  the  mother  of  children 
ir  eluded  in  the  school  census,  being  permitted  to  vote  in  one  city,  and  another 
woman  possessing  the  same  qualifications  being  denied  this  privilege  because  she 
happened  to  live  in  a  city  of  the  fourth  class,  which  includes  all  cities  not 
exceeding  10,000  population  according  to  the  last  preceding  federal  or  State  census, 
is  one  which  cannot  be  tolerated,  unless  the  intention  of  the  legislature  to  create 
this  anomaly  was  absolutely  certain.  But  I  am  glad  to  say  that  it  is  perfectly 
clear  that  the  legislature  had  no  such  intention. 

Again,  that  it  is  perfectly  clear  that  the  legislature  intended  to  give  women  the 
privilege  of  voting  at  these  school  elections  is  found  in  this,  that  a  careful  dis- 
tinction is  made  in  pointing  out  who  shall  be  qualified  electors  at  elections  held  in 
the  city  other  than  for  school  purposes.  On  page  four  of  said  act  it  is  expressly 
stated  that  "only  those  shall  be  electors"  therein  "who  have  the  qualifications 
prescribed  in  the  constitution  of  this  State."  And  throughout  the  entire  act, 
whenever  the  subject  of  elections  is  considered,  the  word  "electors"  is  in  this  sense 
used.  But,  when  we  come  to  chapter  32  of  the  act,  which  is  entirely  taken  up 
with  the  one  subject,  "education,"  we  find  that  the  wording  is  entirely  different, 
i.  e.,  that  instead  of  men  and  men  only  being  electors,  in  this  chapter,  the  lan- 
guage is  used  with  reference  to  the  fact  that  both  men  and  women  are  entitled  to 
vote  at  school  elections;  and  that  there  should  be  no  doubt  about  this,  the  legis- 
lature used  the  words  in  question  and  now  under  consideration.  They  had  said 
before  that  only  men  should  vote,  but  when  it  comes  to  school  elections  they  say, 
"J2very  person  shall  be  entitled  to  vote  at  such  elections  who  are  qualified  by  the 
laws  of  the  State  to  vote  at  any  election  for  school  officers." 

The  preceding  clause,  "who  is  a  qualified  voter  of  the  city"  may  have  been 
used  for  this  purpose;  that  whereas,  under  the  general  school  law  "a  residence  of 
three  months  next  preceding  any  school  meeting"  was  required,  that  this  would 
not  be  required  of  voters  living  in  the  cities  of  the  fourth  class;  but  that  it 
will  be  sufficient  if  he  or  she  shall  have  resided  in  the  ward  or  election  district 
where  he  offers  to  vote  for  twenty  days  next  preceding  the  general  election." 
And,  in  my  opinion,  this  was  the  purpose  for  which  these  words  were  used.  But, 
be  that  as  it  may,  applying  the  rule  that  that  construction  which  produces  the 
greatest  harmony  and  the  least  inconsistency  should  prevail,  1  have  no  hesitancy 
in  saying  that  women  who  possess  the  qualifications  named  in  the  general  school 
law  shall  continue  in  the  future  as  in  the  past,  to  enjoy  the  privilege  which  they 
have  enjoyed  for  a  long  time;  viz.,  to  vote  at  jail  school  meetings. 

And  from  what  I  have  said,  it  follows  that  being  qualified  electors  of  the  school 
district,  they  are  eligible  to  hold  the  office  of  trustee  of  said  district,  as  the  only 
condition  precedent  to  the  holding  of  such  office  is  that  such  trustee  shall  be  an 
elector. 

Yours  truly, 

FRED  A.  MAYNARD. 


APPENDIX  B. 


FORMS   FOR   PROCEEDINGS   UNDER    THE    SCHOOL  LAWS. 


FORM  No.  1. 

Notice  by  the  Clerk  of  the  Board  of  Inspectors  to  a  Taxable  Inhabitant  of  a  District  at 

the  Time  of  its  Formation. 

[See  Compiler's  Sections  9  and  10.] 

To  A B : 

SIR— The  board  of  school  inspectors  of  the  township  of have  formed 

a  school  district  in  said  township,  to  be  known  as  district  No ,  and  bounded 

as  follows:     [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at . .  .on  the day  of 

18. . . .,  at o'clock. . .  .M.,  and  you  are  instructed  to  notify 

every  legal  voter  of  said  district  of  the  same,  at  least  five  days  previous  to  said 
meeting,  either  personally  or  by  leaving  a  written  notice  at  his  place  of  residence. 
You  will  indorse  on  this  notice  a  return,'  showing  each  notification,  with  the  date 
or  dates  thereof,  and  deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this day  of ,  18 

(Signed.)  C D , 

Clerk  of  the  Board  of  Schoo  I  Inspectors. 


FORM  No.  2. 

)tice  of  First  Meeting— when  made  in  writing  to  be[leftat  thehovseof  every  legal  voter* 
[See  Compiler's  Sections  9,  10  and  24.] 

G D ; 

SIR— School  district  No of  the  township  of ,  having  been  formed 

by  the  board  of  school  inspectors,  you,  as  a  legal  voter  in  said  district,  are  hereby 

notified  that  the  first  meeting  thereof  will  be  held  at on  the. . . . 

dny   of    ,   18 ,   at o'clock M. 

Dated  this   day  of ,  18 

A B 

[The person  appointed  to  give  notice.] 


112 


APPENDIX    B. 


FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1)  by  Taxable  Inhabitant. 
[See  Compiler's  Sections  9,  10,  24,  and  139.] 

I,  A B ,  hereby  returned  the  within  (or  annexed)  notice,  hav- 
ing notified  the  qualified  voters  of  the  district,  as  follows: 


NAMES. 


DATE. 


How  NOTIFIED. 


B. 


D. 


E. 


January  1,  1882 

1,  1882 

"        2,  1882 


Personally. 
Written  Notice. 
Personally. 


! 

Dated  this .  .day  of ,  18. ... 

(Signed)  A B 

FORM  No.  4. 

Notice  by  Township  Clerk  to  Director,  of  Alteration  in  District. 
[  See  Compiler's  Section  18.] 

To  the  Director  of  School  District  No ,  Township  of : 

SIB- -At  a  meeting  of  the  board  of  school  inspectors  of  the  township  of 

held ,  18 ,  the  boundaries  of  school  district  No ,  township 

of ,  were  altered  in  such  manner  that  the  territory  of  said  dis- 
trict now  includes  the  following:     [Here  insert  the  description.] 

Dated  this day  of. ,  18. ... 

(Signed)  C D , 

Clerk  of  the  Board  of  School  Inspectors. 

FORM  No.  5. 

Acceptance  of  office  by  District  Officers,  to  be  filed  with  the  Director. 
[  See  Compiler's  Sections  32,  108,  140  and  199.] 

I  do  hereby  accept  the  office  of in  school  district  No 

of  the  township  of  

Dated  this day  of ,  18 

(Signed)  A B 


FORMS  FOR  PROCEEDINGS.  113 

FORM  No.  6. 

Assessor's  Bond. 

[See  Compiler's  Sections  52  and  200.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:    That  we,  A B ,  assessor 

of  school  district  No ,  township  of ,  county  of , 

and  State  of  Michigan,  C D and  E F 

[his  sureties],  are  held  firmly  bound  unto  said  district  in  the  sum  of 

[here  insert  double  the  amount  expected  to  come  into  the  assessor's  hands]  to  be 
paid  to  the  said  district;  for  the  payment  of  which  sum  well  and  truly  to  be  paid 
we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that,  if  the  said 

assessor  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office 

as  assessor  of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person 
or  persons  entitled  thereto,  upon  the  proper  order  therefor,  all  sums  of  money 
which  shall  come  into  his  hands  as  assessor  of  said  district,  and  shall,  at  the 
expiration  of  his  term  of  office,  pay  over  to  his  successor  in  office  all  moneys 
remaining  in  his  hands  as  assessor  aforesaid,  and  shall  deliver  to  his  successor 
all  books  and  papers  appertaining  to  his  said  office,  then  this  obligation  shall  be 
void,  otherwise  of  full  force  and  virtue. 

Sealed  with  our  seals  and  dated  this day  of ,  18. ... 

A B ,  [L.  s.] 

C D ,  [L.  s.] 

E F ,   [L.  s.] 

Signed,  sealed  and  delivered  in  presence  of 


We  approve  the  within  bond. 

(Signed)  G H ,  Moderator. 

J K ,  Director. 

Justification  of  Sureties  in  the  foregoing  Bond. 

C D ,  and  E ,  F ,  the  sureties  whose 

names  are  subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself, 
says  that  he  is  a  resident  in  said  district  and  is  worth  the  sum  specified  in  said 
bond,  over  and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt 
from  execution. 

(Subscribed  and  sworn  to.) 


FORM  No.  7. 

Notice  of  Annual  Meeting. 

[See  Compiler's  Sections  21,  23,  and  48.] 

NOTICE.— ^The  annual  meeting  of  school  district  No of  the  township  of. ... 

,  for  the  election  of  school  district  officers  and  for  the  transaction  of 

such  other  business  as  may  lawfully  come  before  it,  will  be  held  at , 

on  Monday,  the.  ." day  of  September  [or  July],  18 ,  at o'clock M. 

Dated  this .day  of  August  [or  July],  18 

(Signed)  A B ,  Director. 

15 


114  APPENDIX  B. 


FORM  No.  8. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a 

Special  Meeting. 

[See  Compiler's  Section  22.] 

To  the  District  Board  of  School  District  No (or  to  A B ,  one  of  the 

District  Board): 

The  undersigned,  legal  voters  of  school  district  No of  the  township  of . . 

' ,  request  you,  in  pursuance  of  section  15  of  chapter  II  of  the 

general  school  laws  of  1897,  to  call  a  special  meeting  of  said  district,  for  the 

purpose  of 

Dated  this day  of 18 

(Signed)  C D , 

E F , 

G H , 

I K , 

L.  .  .   M.  . 


FORM  No.  9. 
Notice  of  Special  Meeting. 
[See  Compiler's  Sections  22  and  23.]    • 

NOTICE— A  special  meeting  of  the  legal  voters  of  school  district  No ,  in  the 

township  of. ,  called  on  the  written  request  of  five  legal  voters  [or  called 

by  the  district  board,  as  the  case  may  be],  will  be  held  at ,  on  the 

day  of ,  18 ,  at o'clock M.,  for  the  purpose 

of  [here  insert  every  object  that  is  to  be  brought  before  the  meeting.] 

(Signed)  A B ,  Director. 


FORM  No.  10. 

Order  upon  the  Assessor  for  Moneys  to  be  disbursed  by  him,  with  Receipt  attached. 
[See  Compiler's  Sections  48  and  52.] 

Assessor  of  School  District  No ,  Township  of  ...: : 

SIR— Pay  to the  sum  of y^ dollars  out  of  any  moneys 

in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order  is  drawn, 
as  "teachers'  wages,"  "building,"  etc.]  fund,  on  account  of  [here  state  the  object 
for  which  the  order  was  drawn.] 

Dated  this   day  of 18 .... 

A B ,  Director. 

[Countersigned] 
C D ,  Moderator. 

Received  of  E F assessor  of  school  district  No ,  the 

amount  specified  in  the  above  order. 

G..  .    H 


FORMS  FOR  PROCEEDINGS. 


115 


FORM  No.  11. 

Warrant  upon  Township  Treasurer  for  Moneys  belonging  to  School  District. 
[See  Compiler's  Sections  48,  52,  72  and  207.] 

Treasurer  of  the  Township  of 

SIR— Pay  to  A B ,  assessor  of  school  district  No.  ...  in  said 

township,  the  sum  of T?nidollars,  out  of   [here  insert  the 

particular  fund],  in  your  hands  belonging  to  said  district. 

Dated    at ,    this day    of ,    18 

C D ,  Director. 

[Countersigned.] 
E F ,    Moderator. 

FORM  No.  12. 

Certificate  by  District  Board  to  Township  Clerk,  of  District  Taxes  to  be  Assessed. 
[See  Compiler's  Sections  27,  36  and  194.] 

Clerk  of  the  township  of :   • 

The  undersigned,  district  board  of  school  district  No ,  township  of 

do  hereby  certify  that  the  following  taxes  have  been  voted  by  the  qualified  electors 
of  said  district,  during  the  school  year  last  closed,  under  the  provisions  of  section 
27  of  the  general  school  laws  of  1895. 

For  building  purposes 

For  repairs 

For  paying  indebtedness 

For  services  of  district  officers. 

For  library 

For  apparatus 

Total  voted  by  the  district 

We  further  certify  that  the  following  taxes  have  been  estimated  and  voted  by 
the  district  board  under  the  provisions  of  sections  36,  194  and  225  of  the  general 
school  laws  of  1895: 

For  teachers'  wages $ . 

For  fuel  ' 

For  incidental  expenses 

For  free  text  books 

For  flag  and  flag  staff 

For 

Total  estimated  and  voted  by  district  board $. 

: 


116 


APPENDIX  B. 


Which  amounts  you  will  report  to  the  supervisor  to  be  assessed  upon  the  tax- 
able property  of  said  district  in  accordance  with  the  provisions  of  law. 
Dated   at ,    this day   of ,    18 

A B ,  Moderator. 

C D ,  Director. 

E .  .  .  P . .  .  Assessor. 


FORM  No.   13. 
Bond  to  be  given  by  the  Chairman  of  the  Board  of  School  Inspectors. 

[See  Compiler's  Section  54.] 
KNOW    ALL    MEN    BY    THESE    PRESENTS:      That    WC,    A B ,    the 

chairman  of  the  board  of  school  inspectors  of  the  township  of ,  county 

of ,  and  State  of  Michigan,  and  C D and  E 

F [his  sureties]  are  held  and  firmly  bound  unto  the  said  township,  in 

the  sum  of  [here  insert  the  sum  of  double  the  amount  to  come  into  said  chair- 
man's hands,  as  nearly  as  the  same  can  be  ascertained]  for  the  payment  of  which 
sum  well  and  truly  to  be  paid  to  the  said  township,  we  bind  ourselves,  our  heirs, 
executors  and  administrators,  jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  this  obligation  is  such  that  if  A B ,  the 

chairman  of  the  board  of  school  inspectors,  shall  faithfully  appropriate  all  moneys 
that  may  come  into  his  hands  by  virtue  of  his  office,  then  this  obligation  shall 
be  void;  otherwise,  of  full  force  and  virtue. 

Sealed  with  our  seals,  and  dated  this day  of 18. ... 

A B ,   [L.  s.] 

C D ,  [L.  s.] 

E F ,   [L.  s.] 

Signed,   sealed,   and   delivered   in  the  presence  of 


I  approve  the  within  bond. 
(Signed) 


G H ,   Township   Clerk. 


Justification  of  Sureties  in  the  foregoing  Bond. 

C D and  E F ,  the  sureties,  whose  names 

are  subscribed  to  the  above  bond  htfng  duly  sworn,  each  for  himself,  says  that  he 
is  a  resident  in  said  township  and  is  worth  the  sum  specified  in  said  bond  over 
and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from  execu- 
tion. 

(Subscribed  and  sworn  to.) 


FORM  No.  14. 

Appointment  of  District  Officers  by  District  Boards. 
[See  Compiler's  Sections  30,  108  and  201.] 

The  undersigned,  members  of  the  district  board  of  school  district  No , 

township  of  ,  do  hereby  appoint  A B 

[director,  moderator,  or  assessor,  as  the  case  may  be]   of  said  district  to  fill  the 

vacancy  created  by  the   [removal,  resignation,  or  death,   etc.]   of  C 

D ,  the  late  incumbent. 

Dated  this day  of 18 

E F . : 

.    G..  .  H 


FORMS  FOR  PROCEEDINGS.  117 

FORM  No.  15. 

Appointment  of  District  Officers  by  School  Inspectors. 
[See  Compiler's  Sections  30  and  108.] 

The  undersigned  school  inspectors  of  the  township  of ,  do  hereby 

appoint  A B [director,  moderator,,  or  assessor  as  the  case  may 

be]  of  school  district  No ,  in  said  township,  the  district  board  having  failed 

to  appoint. 

Dated  this day  of .'. .,  18. ... 

C D , 

E F , 

G H , 

Board  of  School  Inspectors. 

i 


FORM  No.  16. 

Notice  of  Meeting  of  Inspectors. 
[See  Compiler's  Section  15.] 

NOTICE.— A  meeting  of  the  board  of  school  inspectors  of  the  township  of 

,  will  be  held  at ,  on  the day  of 18, ,  at 

o'clock:. .  .M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought 
before  the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts, 
state  the  alterations  proposed.] 

Dated  this day  of .,  18 

A o , 

Clerk  of  the  Board  of  School  Inspectors. 


FORM  No.  17. 

Certificate  to  be  given  to  the  Director  of  a  School  District,  by  the  Board  of  School 
Inspectors  when  they  establish  a  Site. 

[See  Compiler's  Section  89.] 

The  inhabitants  of  school  district  No ,  township  of ,  having 

failed,  at  a  legal  meeting,  to  establish  a  site  for  a  schoolhouse,  the  board  of 
school  inspectors  hereby  certify  that  they  have  determined  that  the  said  site  shall 
be  as  follows  [here  insert  description.] 

Given  under  our  hands  this day  of  ,  18.  ... 

A B , 

C D , 

E F ,' 

Board  of  School  Inspectors. 


118 


APPENDIX  B. 


FORM   No.  18. 

Warrant  on  the  Township  Treasurer  for  Library  Moneys. 
[  See  Compiler's  Section  115.  ] 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR— Pay  to ,  chairman  of  the  board  of  school  inspectors,  the  sum  of 

TTF¥  dollars,  from  the  library  moneys  in  your  hands  or  to  come  into 

your  hands,  the  same  being  for  the  support  of  the  library  of  said  township. 

Dated  at ,  this day  of ,  18 

A B , 

C D , 

E F , 

Township  Board  of  School  Inspectors. 

\ 

RBMAKK.— In  case  district  libraries  are  established  in  a  township  the  library  moneys  due  sucb 
districts  are  payable  on  the  order  of  the  district  officer.     (See  form  No.  11.) 


FORM  No.  19. 

Notice  by  the  Township  Treasurer  to  the  Township  Clerk  of  Moneys  to  be  Apportioned 

to  Districts. 

[See  Compiler's  Sections  72  and  73.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

SIR— I  have  now  in  my  hands  for  appointment  to  the  several  school  districts  of 
this  township  the  following  moneys: 


Primary  school  interest  fund 

Library  moneys  received  from  county  treasurer.  . 

One-mill  tax   

Surplus  dog  tax 

District  taxes   

Special   funds : . . 

Dated  this   day  of ,   18. 


B 


Township  Treasurer. 


FORM  No.  20. 

Notice  by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  Apportionment  of 

Moneys  to  Districts. 

[See  Compiler's  Sections  63  and  64.] 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR— Herewith  find  a  statement  of  the  number  of  children  of  school  age  in  each 
schoo'l  district  of  this  township,  entitled  to  draw  public  moneys,  and  the  amount 
of  moneys  apportioned  to  each  of  said  districts: 


FORMS  FOR  PROCEEDINGS. 


119 


Districts. 


District  No.- 1 $ $ $ $ $ $ $. 

District  No.  2,  fr'l. 

Total $ $ $ $ $ $ $. 

Dated  this  . : . .  . .  day  of  . .  ,  18. . . 

A B , 

Township  Clerk. 

FORM   No.  21. 

Notice  by  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Directors. 
[  See  Compiler's  Section  64.  ] 

A B ,  Director  of  School  District  No ,  Township  of : 

SIR— The  amount  of  school  moneys  apportioned  to  school  district  No ,  town- 
ship of ^ ,  is  as  follows: 

I'rimary  school  interest  fund $ 

Library  moneys  received  from  county  treasurer 

One-mill  tax  

Surplus  dog  tax  

District  taxes    

Special  funds 

Total    $ 

Dated   this day  of ,18. ... 

A B , 

Township  Clerk. 

FORM  No.  22. 

Certificate  by  the  Township  Clerk  to  the  Supervisor,  of  District  Taxes  to  be  Assessed. 

[See  Compiler's  Section  62.] 

Supervisor  of  the  Township ,  County  of .* 

SIR— I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  pro- 
posed to  be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school 


120 


APPENDIX  B. 


districts  of  tins  township,  as  the  same  appears  from  the  reports  of  the  district 
boards  of  the  several  districts  now  on  file  in  my  office: 


Districts. 

a 

• 

building 
irposes. 

repairs. 

paying  in- 
jbtedness. 

^ 

<D 

3 

>> 

c3 
.Q 

apparatus. 

incidental 
cpenses. 

•5 

i* 

1* 

e 

r 

1. 

1 

§ 

S3 

m 

i 

I 

District  No.  1  

$.  

$  

8.  

$  

$  

$  

$.  

$  

$  

$.-.  - 

District  No.  2,  frl 

Which  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  dis- 
tricts in  accordance  with  the  provisions  of  law. 

Dated  day  of ,  18 

A D , 

Township  Cleric, 


FORM  No.  23. 

Deed  to  School  District. 

[  See  Compiler's  Section  35.  ] 

KNOW  ALL  MEN  BY  THESE  PRESENTS  :    That  A B ,  and  C 

D ,  his  wife,  of  the  township  of ,  county  of „ 

and  State  of ,  party  of  the  first  part,  for  and  in  consideration  of  the 

sum  of y^dollars,  to  them  paid  by  the  district  board  of  school 

district  No ,  of  the  township  of ,  county  of , 

and  State  of  Michigan,  the  receipt  whereof  is  hereby  acknowledged,  do  hereby 

grant,   bargain,    sell,   and  convey   to  school   district   No aforesaid,    the 

party  of  the  second  part,  and  their  assigns  forever,  the  following  described  parcel 
of  land  namely  [here  insert  description];  together  with  all  the  privileges  and 
appurtenances  thereunto  belonging,  to  have  and  to  hold  the  same  to  the  said  party 
of  the  second  part  and  their  assigns  forever.  And  the  said  party  of  the  first  part 
for  themselves,  their  heirs,  executors,  and  administrators,  do  covenant,  grant, 
bargain,  and  agree,  to  and  with  the  said  party  of  the  second  part  and  their  assigns. 
that,  at  the  time  of  the  ensealing  and  delivery  of  these  presents,  they  were  well 
seized  of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute,  and 
indefeasable  estate  of  inheritance  in  the  lawr,  in  fee  simple,  and  that  the  said  lands 
and  premises  are*  free  from  all  encumbrances  whatever;  and  that  the  above  bar- 
gained premises,  in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part  and  their  assigns,  against  all  and  every  person  or  persons  lawfully 
claiming  or  to  claim  the  whole  or  any  part  thereof,  they  will  forever  warrant 
and  defend. 

In  witness  whereof,  the  said  A B ,  and  C 

D ,  his  wife,  party  of  the  first  part,   have  hereunto  set  their  hands 

and  seals,  this day  of ,   18.  ... 

A B ,  [SEAL] 

C D ,  [SEAL] 

Signed,  sealed,  and  delivered  in  presence  of 

E F , 

G H.. 


STATE  OF 
County  of 


On  this day  of in  the  year  one  thousand  eight  hundred  and 

,  before  me,  I K ,  a ,  in  and  for  said 


FORMS  FOR  PROCEEDINGS.  121 

county,  personally  appeared ,   and    ,  his  wife, 

to  me  known  to  be  the  same  persons  described  in  and  who  executed  the  within 
instrument,  who  severally  acknowledged  the  same  to  be  their  free  act  and  deed. 
Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

I K ,  [SEAL.] 


FORM  No  24. 

Lease  to  School  District. 

[See  Compiler's  Section  No.  35.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS  :    That  A B ,  of  the 

township  of ,  county  of ,  and  State  of , 

of   first   part,   for   the   consideration   herein   mentioned,   does   hereby   lease    unto 

school  district  No ,  in  the  township  of ,  county  of , 

and  State  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  following 
parcel  of  land,  to  wit:  [Here  insert  description]  with  all  the  privileges  and  appur- 
tenances thereto  belonging;  to  have  and  to  hold  the  same  for  and  during  the  term 

of years  from  the day  of ,  18 And  the  said  party 

of  the  second  part,  for  themselves  and  their  assigns,  do  covenant  and  agree  to  pay 

the  said  party  of  the  first  part,  for  the  said  premises,  the  annual  rent  of ". 

dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals, 

this   day  of ,  18 

A B [SEAL.] 

Lessor. 
C D , 

E F ,    [SEAL.] 

G H 

District  Board  of  School  District  No of  the  aforesaid  Township* 

Signed  and  sealed  in  the  presence  of 

I K , 

L..  .    M.. 


FORM  No.  25. 

Contract  for  Building  a  Schoolhouse. 
[  See  Compiler's  Section  No.  35.  ] 

Contract  made  and  entered  into  between  A B ,  of  the  town- 
ship of  ,  in  the  county  of ,  and  State  of  Michigan,  and 

C D ,  E F ,  and  G H , 

composing-  the  district  board  of  school  district  No ,  of  the  township  of  .... 

,  in  the  county  of  ,  and  State  of  Michigan,  and  their  suc- 
cessors in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is 

hereby  acknowledged,  and  of  the  further  sum  of dollars,  to  be  paid  as 

hereinafter  specified,  the  said  A B hereby  agrees  to  build 

a  schoolhouse,  and  to  furnish  the  material  therefor,  according  tp  the 

plans  and  specifications  for  the  erection  of  said  house  hereto  appended,  and  at 
such  point  in  said  district  as  said  district  board  may  designate.  The  said  house 
16 


122  APPENDIX  B. 


is  to  be  built  of  the  best  material,  in  a  substantial,  workmanlike  manner,  and  is 
to  be  completed  and  delivered  to  the  said  district  board  or  their  successors  in  office, 

free  from  any  lien  for  work  done  or  material  furnished,  by  the day  of 

...  .18. ...  And  in  case  the  said  house  is  not  finished  by  the  time  herein  specified, 

the  said  A B shall  forfeit  any  pay  to  the  said  district  board 

or  their  successors  in  office,  for  the  use  of  said  district,  the  sum  of 

dollars,  and  shall  also  be  liable  for  all  damages  that  may  result  to  said  district 
in  consequence  of  said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district, 

hereby  agree  to  pay  the  said  A B the  sum  of 

dollars,  when  the  foundation  of  said  house  is  finished;  and  the  further  sum  of 

dollars  when  the  walls  are  up  and  ready  for  the  roof;  and  the 

remaining  sum  of dollars  when  the  said  house  is  finished  and 

-delivered  as  herein  stipulated 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  transferred,  or 
.assigned  without  the  consent  of  both  parties 

Witness  our  hands   this day  of ,    18.  ... 


c  

Contractor..  - 
D  , 

E 

F 

H 

District  Board. 

FORM  No  26. 

Contract  between  District  Board  and  Teacher. 
[  See  Compiler's  Sections  38r  40,  56,  109,  and  128.  ] 

It  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district 

No in  the  township  of ,  county  of ,  and  State  of 

Michigan,  and  A B ,  a  legally  qualified  teacher  in  said  town- 
ship, that  the  said  A B shall  teach  the  school  of  said  district 

for  the  term  of months,  commencing  on  the day  of 

18. . . . ;  and  the  said  A B agrees  to  faithfully  keep  a  correct 

list  of  the  pupils,  and  the  age  of  each  attending  school,  and  the  number  of  days 
each  pupil  is  present,  and  to  furnish  the  director  of  the  district  with  a  correct 
copy  of  the  same  at  the  close  of  the  school,  and  to  observe  and  enforce  the  rules 
and  regulations  established  by  the  district  board. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  keep  the  schoolhouse 
in  good  repair,  to  provide  the  necessary  fuel  to  keep  the  schoolhouse  in  com- 
fortable condition,  and  to  pay  said  A B for  the  said  services 

as  teacher,  to  be  faithfully  and  truly  rendered  and  performed,  the  sum  of 

dollars  per  month,  the  same  being  the  amount  of  wages  above  agreed 

upon,  to  be  paid  on  or  before  the    day  of ,   18. . . . : 

Provided,  That  in  case  said  A B shall  be  dismissed  from  school 

by  the  district  board,  for  gross  immorality  or  violation  of  this  contract,  or  shall 
permit  h . . . .  certificate  of  qualification  to  expire,  or  shall  have  said  certificate 
annulled  or  suspended  by  the  county  board  of  school  examiners  or  other  lawful 
authority,  h .  . .  .  shall  not  be  entitled  to  any  compensation  from  and  after  such 
annulment,  suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  this  

'day  of ,   18 

0 D , 

E F. ..  , : ., 

G H , 

District  Board. 
A .  .  , .  .*  B .  .  . .  Teacher. 


FORMS  FOR  PROCEEDINGS. 


uj 


PUB 


-UJOAOO  TJATO 


'S  ' 


'02 


'81 


No.       -< 


,  Teacher. 

close  of  the 
sum  of.  days 


fter 
and 


B 

tely 
eek, 


med 
ach 


ys, 
th 
ol. 


ruc 
l  o 


ead  of  "Attendance  in  Da 
ttend  school,  add  together 
ils  who  have  attended  scho 

ir  whether  or  not  in 
h  system,  in  the  sch 


ecto 
uma 


i 
t 

h 
a 


A 

ed  with  the  director  of  the  distri 
y  embrace  the  number  of  days  pre 


*  K 

S    »5 

""  "o"o      ^  S3 

lf£<M 

•gag-OS 

^|as^s 
M§sp 

3%- •s*2 

12a2ls 

-o^^^a-g 

lias*! 
f"jft 

•^  «  w  S3  SO 

5S3«|S 

5g«Ia: 

•^cS-S^gO 

^sslaa 

;j!!| 

3  o3  a  Sxx3 
a  o  S  2'So*^ 

flilfls 

^iiii 


i 


03  >>          bDSeSrt 

1 


»fl        55c 


124  APPENDIX  B. 


FORM  No.  28. 

Notice  to  Parents  or  Guardians  in  Rural  Districts. 
STATE  OF  MICHIGAN, 


COUNTY  OF, 


.Township, 189. 


To 

You  are  hereby  notified  that a  child  between  8  and  14 

years  of  age,  and  under  your  legal  control,  is  not  attending  the  public  school  in 
your  district. 

You  will  see  to  it  that presents self  with  the  necessary  text-books 

at  the  said  school  on  Monday  morning  next,  at  9  o'clock,  and  that shall 

continue  in  regular  attendance  for  at  least  8  half  days  during  each  week  for  a 
period  of  four  consecutive  months  previous  to  the  30th  day  of  June,  189 . . . . ,  or 
during  such  part  of  said  four  months  as  may  yet  remain  previous  to  said  30th 
day  of  June. 

Yours  respectfully, 


Truant   Officer. 


FORM  No.  29. 
Notice  to  Parents  or  Guardians  in  Cities  having  a  regularly  constituted  Police  Force. 


Michigan. 

. 180.... 

To   M 

No St. 

You  are  hereby  notified  that is  believed  to  be  over  7  and  under 

16  years  of  age  and  that is  not  attending  school  as  provided  for  by  the  act 

under  which  this  notice  is  sent,  and  you  are  hereby  notified  to  cause  said.  .......  .to- 

begin  regular  attendance  next  Monday  at  the school. 

Respectfully, 


Supt.  of  School x. 
Served..  ,  189. . 


Truant   Officer. 


FORM  No.  30. 
Notice  to  Truant  Officer  by  School  Officers,  Teachers,  or  Residents  of  District. 

Michigan, 

189 

To  the  Truant  Officer  of  Township  [or  city]  o/ 

SIR— You  are  hereby  notified  that  the  following  named  pupils  residing  at 

St.,  are  liable  to  the  penalty  for  violation  of  the  law  for 

compulsory  attendance  at  school. 

I  trust  you  will  investigate  the  cases  at  once  and  learn  the  reasons  why  they  are 
not  in  school. 

Respectfully, 

A..  .  B.. 


FORMS  FOR  PROCEEDINGS.  125 

FORM  No.  31. 
Notice  to  Parents  or  Guardians  of  Juvenile,  Disorderly  Persons. 

Michigan, 

189 

To  M 

No. St. 

Your  child,  or  ward, is  reported  to  me  as  belonging  to  the  class 

deemed  juvenile,  disorderly  persons  by  the  compulsory  education  law,  and  you  are 
hereby  warned,  that  by  an  act  of  the  legislature  of  Michigan,  passed  in  1895,  the 
following  classes  of  persons  between  the  ages  of  eight  and  fourteen  years,  and  in 
cities  between  the  ages  of  SEVEN  and  SIXTEEN  years,  are  deemed  Juvenile  Dis- 
orderly Persons  and  shall  in  the  judgment  of  the  proper  school  authorities,  be 
assigned  to  the  ungraded  school  or  schools: 

1.  Habitual  truants  from  any  school  in  which  they  are  enrolled  as  pupils. 

2.  Children  who,  while  attending  any  school,  are  incorrigibly  turbulent,   diso- 
bedient, or  insubordinate,  or  are  vicious  or  immoral  in  conduct. 

3.  Children   who  are   not   attending   any   school   and   who   habitually   frequent 
streets  and  other  public  places,  having  no  lawful  business,  employment  or  occupa- 
tion. 

You  are  further  warned  that  for  persistence  in  the  above  mentioned  conduct, 
said  juvenile  disorderly  persons  may  be  sentenced  to  the  Reform  School  at  Lan- 
sing, or  to  the  Industrial  Home  at  Adrian. 

Your  attention  is  directed  to  the  provisions  of  the  act,  under  authority  of  which 
this  warning  is  served. 

You  are  hereby  ordered  to  cause  said to  begin  regular  attendance 

next  Monday,  at  the  ung*aded  school  located in  this  city. 

Served .189. . 


Truant   Officer. 


INDEX 


INDEX. 


ABSTRACTS :  Page 

of  school  inspectors'  reports,  §  1 10 

ACCEPTANCE  OF  OFFICE: 

filed  with  and  recorded  by  director,  §§  32, 108, 199 19,  43,  79 

neglect  to  file  vacates  office,  §  29 19 

penalty  for  falling  to  file,  §  141 56 

ACCOUNTS: 

of  director,  §§  48, 109 24,44 

inspectors,  §  57 28 

members  of  board  of  school  «xamlners,  §  135 54 

ACTION: 

against  school  districts,  §§  82-88 35,36 

relative  to  obtaining  site,  §§  89-103 36-41 

ADJOURNMENTS: 

of  district  meeting,  §  27 17 

proceedings  to  obtain  site,  §  99 40 

ADMISSION  OF  PUPILS: 

non-resident,  §  46 23 

resident,  §45 23 

to  Agricultural  College,sec.  1 86 

high  school,  §  109 44 

kindergarten,  §  215 82 

Normal  schODl,  §  169 „  63 

AGE: 

at  which  education  is  compulsory,  §  182 66 

school,  §§  45, 197,  215 23,  78,  82 

AGENTS  FOR  SCHOOL  BOOKS,  ETC.: 

officers,  superintendents  and  teachers  not  to  act  as,  §§  136, 148 55,  57 

AGRICULTURAL  COLLEGE  COURSE: 

for  district  schools,  sec.  1 86 

AGRICULTURAL  SCHOOL: 

admission  of  pupils  to  freshman  class,  sec.  1 86 

duties  of  secretary,  sec.  1 86 

examination  for  admission  to,  §§  223,  224 85 

to  be  provided,  con.  prov.,  art.  xiii,  sec.  11 9 

ALIENS: 

not  eligible  to  office,  §  31 19 

ALTERATION: 

in  boundaries  of  districts,  §§  15-18 13,  14 

graded  school  districts,  §  110 44 

township  school  districts,  §  212 82 

of  schoolhouse  sites,  §  89 36 

(See  School  District;  also,  Township  Board  of  Inspectors,) 
ANNUAL  MEETING: 

(See  District  Meetings.) 
17 


130  INDEX. 


ANNULMENT  OF  CERTIFICATES:  Page 

by  county  board  of  school  examiners,  §  132 52 

faculty  of  University,  §217 83 

State  Board  of  Education,  §§  167,  168, 170,  218 62,63,84 

APPARATUS: 

director  authorized  to  purchase,  §48 24 

tax  may  ba  voted  for  the  purchase  of,  §27 18 

APPEAL: 

from  inspectors  to  township  board,  §§  104-106 41,42 

APPENDAGES  TO  SCHOOLHOUSE: 

tax  may  be  voted  for  procuring,  §  27 18 

to  be  provided  by  director,  §48 24 

APPOINTMENT: 

of  building  committee,  §  27 18 

clerk  of  meeting  in  director's  absence,  §§27,200 17,79 

conductor  of  teacher's  institute,  §  159 60 

county  commissioner  of  schools  in  case  of  vacancy,  §  137 55 

deputy  superintendent  of  public  instruction,  §  2 10 

district  officers  in  case  of  vacancy,  §30 19 

trustees  in  case  of  vacancy,  §§  108,201 43,79 

first  meeting  of  a  district,  §§9, 197 12,77 

librarian  of  township  library,  §  117 47 

member  of  board  of  school  examiners  in  case  of  a  vacancy,  §  126 49 

person  to  take  school  census,  §§  49,  204 25,80 

State  officers  in  case  of  a  vacancy,  con.  prov.,  art.  viii,  sec.  3 T 

truant  officer?,  §183 _ 67 

APPORTIONMENT: 

of  library  moneys,  §123 48 

moneys  collected  in  fraction*!  districts,  §  74 33 

on  division  of  a  district,  §§  71,  212 33,  P2 

raised  by  taxes,  §  64 30 

to  districts  by  township  clerk,  §  63 29 

one-mill  tax,  §  66 31 

primary  school  interest  fund,  §§  4-6 11 

county  clerk's  duties,  §  76 -„ 3S 

treasurer's  duties,  §  77 33 

property  on  division  of  a  district,  §§  19,  20,  212 14,  15,  82 

tax  assessed  before  and  collected  after  division  of  districts,  §  71 32 

township  treasurer's  duties  in  relation  to,  §  64 

ASSESSMENT  OF  TAXES: 

(See  Taxes.) 
ASSESSOR: 

acceptance  of  office,  §§  32,  108 19,  43 

a  member  of  district  board,  §  33 

board  of  inspection  at  election  to  vote  bonds,  §  78. 34 

and  moderator  to  audit  director's  accounts,  §  48 — 24 

bond  required,  §5? 26 

election  and  term  of  office  of,  §§28,108 18,43 

may  be  removed  from  office,  §  147 57 

money  paid  to,  from  old  district,  §  67 

penalty  forneglectirg  duties,  §141 56 

summons  to  be  served  on,  in  suits,  §  83 35 

to  appear  for  district  in  suits,  §  52 

certify  judgment  against  district  to  supervisor,  §§  85-87 35,36 

collect  damages  from  township  clerk  or  supervisor,  §  146 57 

keep  record  of  receipts  and  expenditures,  §  52 -       27 

pay  orders,  legally  drawn,  from  proper  funds,  §52 

report  to  district  board  receipts  and  disbursements,  §53 

warrants  on  township  treasurer  payable  to,  §  48 24 

(See  District  Beard;  also,  Moneys.) 


INDEX.  131 


ASSOCIATIONS:  Page 

teachers  may  form,  §§  171-173 -. 64,  65 

ASYLUMS; 

for  deaf ,  dumb  and  blind,  con.  prov.,  art.  xiii,  sec.  10 9 

ATTACHMENT: 

to  enforce  attendance  In  certain  proceedings,  §  93 38 

ATTENDANCE: 

of  jurors  and  witnesses  on  certain  proceedings,  §§93,94 37,  38 

ATTORNEY  GENERAL'S  OPINION: 

right  of  women  to  vote  at  school  elections  in  cities  of  fourth  class 109 

BALLOT: 

election  of  officers  to  be  by,  §§28,  78, 107,  198 18,34,43,78 

BLIND: 

institution  for,  con.  prov.,  art.  xiii,  §  10 9 

BOARD,  DISTRICT: 

(See  District  Board.) 

BOARD  OP  COMMISSIONERS: 

advertise  for  sealed  proposals,  sec.  2 ., 73 

contract  with  publishers,  sec.  5 75 

powers  and  duties  of,  sees.  1-5 72-76 

publication  of  manuscript  by  sec.  4 75 

who  constitutes,  sec.  1 72 

BOARD  OF  EDUCATION: 

(See  State  Board  of  Education.) 

BOARD  OF  INSPECTION: 

at  election,  to  vote  on  issuance  of  bonds,  §78 34 

BOARD  OF  INSTRUCTION: 

of  State  Normal  School  may  grant  certificates,  §§  167,198 62 

BOARD  OF  REGENTS: 

of  University,  con.  prov.,  art.  xiii,  sec.  7 8 

BOARD  OF  SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 

BOARD  OF  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 

BOARD  OF  TRUSTEES  IN  GRADED  SCHOOL  DISTRICTS: 

consent  of,  to  be  obtained  to  alteration  in  district,  §  110 44 

election  and  term  of  office  of,  §  107 43 

officers  of,  §  108 43 

penalty  for  neglect  of  duties,  sec.  2 46 

powers  and  duties  of,  §  109,  sec.  1 44,  46 

publication  of  financial  statement  of  district  by,  sec.  1 46 

vacancy  in>  how  filled,  §  108 43 

(See  District  Board;  Graded  School  Districts;  also,  Township  Districts.) 

BOARD,  TOWNSHIP: 
(See  Township  Board.) 

BOARDS: 

when  authorized  to  examine  teachers,  to  collect  fees,  §  156 59* 

BOND: 

accompanying  bid  for  furnishing  uniform  text-books,  sec.  2 7$ 

liability  of  county  treasurer  on,  §  96 39 

of  appellants  from  inspectors'  action,  §  105 42 

assessor,  §  52 26- 

chairman  of  board  of  school  inspectors,  §  54 28 

county  commissioner  of  schools,  §  127 50' 

treasurer  of  township  board  of  education,  §  200 79' 

BONDS: 

election  to  vote  on  issuance  of,  §78 34* 

limitations  of ,  §  78 ...  34 


132  INDEX, 


BONDS— Continued:  Page 

may  be  issued  for  money  borrowed,  §  78 34 

paid  by  issuing  further  bonds,  §81 35 

tax  may  be  voted  to  redeem,  §80 35 

BOOKS,  LIBRARY: 

(See  Libraries.) 
BOOKS  OF  RECORD: 
(See  Records.) 
BOOKS,  SCHOOL: 

(See  Text-books.) 
BOUNDARIES  OF  DISTRICTS: 

alterations  in,  §§  15-18 13,  U 

described  in  first  notice,  §  9 12 

map  to  be  made  showing,  §  61 29 

of  graded  school  districts,  §  110 44 

township  school  district?,  §  212 82 

(See  School  Districts;  also  Township  Board  of  School  Inspectors.) 
BUILDING  COMMITTEE: 

voters  may  appoint  and  prescribe  duties,  §  27 —       18 

BUILDINGS: 

(See  Schoolhouses.) 
BY-LAWS: 

(See  Regulations.) 
CENSUS  OF  SCHOOL  DISTRICTS: 

time  of  taking  not  to  be  changed,  §  21 , 15 

when  and  how  taken,  §§49  (Sec.  22),  204 ..25,£0 

CERTIFICATE: 

of  court  in  proceedings  to  obtain  site,  §  94 38 

inspectors  on  establishing  site,  §  89 36 

instruction  in  physiology,  etc.,  to  be  filed  by  teacher,  §42 22 

copy  to  be  filed  by  director  with  township  clerk,  §  42 22 

to  supervisor,  of  taxes  to  be  assessed,  §§  62, 68,  205 -29,  31,  81 

township  clerk,  of  district  taxes,  §37 20 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS: 

fee  to  be  paid  on  obtaining,  §  156 59 

given  by  county  board  of  school  examiners,  §  130, 131 51,  52 

faculty  of  University.  §  217 83 

State  Board  of  Education,  §  170,  Sees.  1,  2,  §  228 63,  64,  78 

Normal  School,  §  167,  Sec.  1 62,63 

grades  of,  and  requisite  qualifications  to  obtain,  §  131 51,52 

list  of  teachers  having,  to  be  furnished  township  clerk,  §  133 _ 53 

necessity  of  having  to  entitle  to  pay,  §  40 : 21 

record  of,  to  be  kept  by  county  commissioner  of  schools,  §  133 53 

renewal  of  by  board  of  examiners,  §  130 51 

revocation  or  suspension  of,  §§  132, 167,  168,  170,  217 52,  62,  63,  83 

signed  by  commissioner  and  one  member,  §  130 51 

two  classes  of  third  grade,  §  131 52 

CHAIRMAN: 

of  board  of  school  inspectors,  §  53 28 

compensation'of,  §  13 67 

duties  relative  to  supervision  of  schools,  §  134 54 

to  give  bond,  §  54 28 

first  meeting  of  district,  §§  9, 140 12,58 

meeting,  may  arrest  disorderly  persons,  8  26 16 

be  appointed  in  absence  of  moderator,  §27 

to  give  oath  to  challenged  voter,  §  25 16 

CHALLENGE: 

of  juror  in  proceedings  to  obtain  site,  §93 38 

voter  at  district  meetings,  §  25..... 16 


INDEX.  133 


CHILDREN:  Page 

census  list  of  ,§§  49,  204 25,80 

compulsory  education  of,  §§182-189 66-69 

duties  of  police  officers  with  respect  to,  §183 67 

(See  Pupils.) 
CLASSIFICATION  OF  PUPILS: 

(See  Pupils.) 
CLERK: 

of  board  of  education,  §  200 79 

school  inspectors,  §§  53,  59 27,  29 

county.    (See  County  Clerk.) 

district,  director  to  be,  §  48 24 

township.    (See  Township  Clerk.) 
COLLECTION: 

of  damages  for  not  repoi  ting  and  assessing  taxes,  §  146 57 

fines  for  in juring  library  books,  §  118 47 

institute  fees  from  teachers,  §  156 59 

judgment  against  district,  §§  84-88 35,36 

penalties,  §§  143, 144, 146,  sec.  1 56,  57,  86 

taxes,  §§  65-74 30-33 

COMMITTEE  ON  BUILDING: 

voters  may  appoint  and  prescribe  duties,  §27 18 

COMMUNICABLE  DISEASES: 

teaching  prevention  of ,  §§221,  222 84,  85 

COMPENSATION: 

for  site  determined  by  jury,  §94 38 

of  contractors  furnishing  uniform  text-books,  sec.  9 77 

county  commissioner,  §  135 64 

inspectors  for  meetings,  limited,  §  58 28 

members  of  county  board  of  school  examiners,  §  135 54 

board  of  education  of  township,  §  211 81 

officers  and  jurors  in  proceedings  to  obtain  site,  §  102 — 41 

in  school  districts,  §§  27, 109,  211 18,44,81 

teachers,  §§  40, 109,  204 21,44,80 

COMPULSORY  EDUCATION: 

age  at  which  compulsory,  §  183 66 

children  exempted,  §  182. 66 

to  be  sent  to  reformatory  institutions,  §  188,  sec.  2 69,  70 

establishment  of  ungraded  school?,  §  185 68 

incorrigible  children  in  graded  schools  to  be  sent  to  ungraded,  §  186 68 

judge  may  suspend  sentence  in  certain  cases,  §  188 69 

length  of  time  to  be  sent  to  school,  §182 66 

penalty  for  failure  to  comply  with  law,  §  184 68 

school  boards  to  furnish  books  in  certain  cases,  §  43 22 

who  are  truants  under  this  act,  §  186,  sec.  1 68,69 

CONDUCTOR: 

of  teachers' institutes,  §  159 60 

CONSOLIDATION  OF  DISTRICTS: 

(See  School  Districts;  also,  Towr  ship  Board  of  School  Inspectors.) 
CONSTITUTIONAL  PROVISIONS: 

Agricultural  School,  art.  xiii,  sec.  11 9" 

districts  may  be  deprived  of  public  moneys,  art.  xiii,  sec.  5 8 

escheats  of  lands  to  the  State,  art.  xiii,  sec.  3 8 

finance  and  taxation,  art.  xiv,  sec.  1 9 

free  schools  to  be  maintained,  art.  xiii,  sees.  4,  5 8 

institutions  for  deaf,  dumb  and  blind,  art.  xiii,  sec.  10 —         9 

libraries  to  be  provided,  art.  xiii,  sec.  12 9 

regentsof  the  University,  art.  xiii,  sees.  6-8 & 


134  INDEX. 


CONSTITUTIONAL  PROVISIONS- Continued:  Page 

school  funds,  art.  xiii,  sec.  2 7 

State  Board  of  Education,  art.  xiii,  sec.  9 8 

officers  to  be  elected,  art.  vlii,  sec.  1 7 

term  of  office,  art.  viii,  sec.  2 7 

vacancy  in  office,  how  filled,  art.  viii,  sec.  3 7 

where  to  keep  offices,  art.  viii,  sec.  1 7 

CONTRACT: 

for  publishing  series  of  uniform  text-books,  sees.  4,  5 75 

with  teachers,  §§  40, 109,204 21,44,80 

CORPORATE  POWERS: 

of  districts,  §  14 _ 13 

teachers'  associations,  §  173.1 65 

CORPORATIONS: 

teachers  may  form,  §§  171-173 _ 64,  65 

COUNTY  BOARD  OF  SCHOOL  EXAMINERS: 

compensation  of  members  of,  \  135 54 

county  clerk's  duties  in  relation  to  election  of,  §  126 49 

duties  of  county  commissioner,  §  133 52-54 

election  and  term  of  office  of,  §  126 49 

flleoathsof  office,  §  126 49 

grades  of  certificates  issued  by,  §  131 51,53 

may  hold  special  meetings,  §  129 .*...  60,51 

suspend  or  revoke  certificate?,  §  132 52 

meetings  for  examination  of  teachers,  §  129 50,  51 

schedule  of  meetings  for  special  examinations  to  be  publi  bed ,  §  129 51 

to  whom  certificates  may  be  granted,  §  130 51 

vacancies  in  board,  how  filled,  §§  126, 137 49,55 

what  schools  exempt  from  supervision  of,  §  138 55 

when  officers  in  certain  districts  may  examine  teachers,  §  138  55 

(See  Chairman  of  Board  of  Inspectors;  also,  County  Commissioner  of  Schools.) 
COUNTY  CLERK: 

duties  in  proceedings  to  obtain  site,  §§  97,  98 39 

relation  to  apportionment  of  moneys,  §§  76, 122 33,  48 

election  of  county  commissioner  of  schools,  §  127 50 

school  examiners,  §  126 49 

inspector's  reports,  §§  76, 144,  203 33,  56,  80 

to  draw  order  on  county  treasurer  for  institute  moneys,  §160 „ 60 

to  receive  and  dispose  of  communications,  etc.,  sent  by  State  Superintendent,  §  75 33 

COUNTY  COMMISSIONER  OF  SCHOOLS: 

compensation  of ,  §  135 54 

duties  of,  §  133 52-54 

counsel  with  teachers,  §  133 53 

examination  of  candidates  for  admission  to  Agricultural  College,  §§  223,  224 85 

examinations,  hold,  §  129 50 

keep  record  of,  §  133 53 

prepare  schedule  of,  §  129 51 

file  acceptance  of  office  and  bond,  §  126 49 

furnish  list  of  teachers,  §  133 53 

receive  annual  reports,  §  133 53 

institute  fees,  §  133 53 

instructions  from  superintendent,  §  133 53 

election  of ,  §  126 49 

eligibility  to  office,  §  128 50 

expenses  audited  by  board  of  supervisors,  §  135 54 

grant  special  certificates,  §  131 

may  renew  certificates,  §  130 51 

not  act  as  agent,  §  136 55 

shall  sign  certificates,  §  130 51 


INDEX.  135 


COUNTY  COMMISSIONER  OF  SCHOOLS-Contfntted :  Page 

vacancy  in  office  of,  §  137 55 

visit  schools,  §  133 53 

COUNTY  INSTITUTES: 

(See  Teachers'  Institutes.) 
COUNTY  TREASURER: 

liability  on  bond,  §  86 39 

money  for  site  deposited  with,  §§  96, 101 39,40 

statements  of  apportionment  filed  with,  §§  76,  122 33,48 

to  apply  to  State  treasurer  for  certain  moneys,  §  77 83 

apportion  library  moneys,§  122 48 

notify  township  clerk  and  treasurer  of  moneys,  §  77 33 

pay  teachers1  institute  fund  on  order  of  clerk,  §  160 61 

township  treasurer  township  moneys,  §77 33 

set  apart  institute  fees  as  institute  fund,  §  157 -. 60 

vouchers  for  payment  at  teachers'  institutes  filed  with,  §  163 — 61 

COURSE  OF  STUDY: 

Agricultural  College,  for  district  schools,  sec.  1 86 

to  be  prescribed  for  schools,  §§42, 109 22,44 

COURSES  OF  STUDY: 

uniformity  of  iu  normal  schools,  sec.  1 63 

CRIMES  AND  OFFENSES: 

disturbing  district  meeting,  §26 16 

school,  §44 23 

illegal  use  of  moneys,  §  180 -       66 

(See  Penalties.) 
DAMAGES: 

to  be  collected  from  certain  officers  for  neglect  of  duties,  §  146 57 

books  in  libraries,  §  116 46 

DEAF,  DUMB  AND  BLIND: 

iustitutions  for,  con.  prov.,  art.  xiii,  sec.  10 9 

DECISIONS  OF  SUPREME  COURT: 

(See  Digest  of  Supreme  court  decisions,) 
DEED: 

to  schoolhouse  site,  §  35 20 

DELIVERY  OF  BOOKS,  ETJ.,  TO  SUCCESSOR  IN  OFFICE: 

by  assessor  of  district,  §  52 27 

director  of  district,  §48 25 

superintendent  of  public  instruction,  §  7 11 

DEPUTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

appointment  and  duties  of ,  §  2 10 

DIAGRAM.  « 

(See  Maps.) 
DIGEST  OF  SUPREME  COURT  DECISIONS:— (Appendix  A.) 

ad  nission  of  colored  children  to  school,  If  116 101 

appeals  from  action  of  inspectors,  It  5-12 88,89 

district  moneys,  warrants  and  orders,  Ifff  51-79 93-96 

graded  and  high  school  districts,  It  137-145 103,104 

liabilities  of  school  districts,  tt  99-114 99,101 

library  moneys,  f  IT  146-148 104, 105 

miscellaneous,  1T1T  149-174 105,108 

organization  of  school  districts,  THT  26-50 91-93 

powers  of  board  of  school  inspectors,  tt  1-4 88 

township  board,  It  13-25 .' 89,90 

school  sites  and  schoolhouses,  It  117-138 101,103 

teachers'  contracts  and  certificates,  HIT  80-98 96-99 

tuition  of  non-resident  pupils,  IT  115 101 

DIPLOMAS: 

to  graduates  of  the  State  Normal  School,  §§  167, 168,  sees.  1,  2 62,  64 


136  INDEX. 


DIRECTOR:  Page 

acceptance  of  office,  §§33, 108 19,  4* 

account  of,  §§  48,109 24,44 

a  member  of  district  board,  §33 19 

board  of  inspection,  at  election  to  issue  bonds,  §78 34 

and  moderator  to  certify  payments  to  supervisor,  §67 31 

approve  bond  of  assessor,  §52 28 

execute  bonds  of  district,  §  79 34 

appointment  of ,  incase  of  vacancy,  §  30 19 

clerk  in  absence  of,  §  27 17 

draw  and  sign  warrants  and  orders,  §48 24 

election  and  term  of  office  of,  §§  28, 108, 198 18,  43,78 

file  census  list  witb  township  clerk,  §  49  (sec.  22) 25 

certificate  of  instruction  in  physiology,  etc.,  with  township  clerk,  §  42 _ 22 

give  notices  of  meetings,  §48 24 

have  custody  of  schoolbouse  and  property,  §41 22 

judgment  certified  to,  by  assessor,  §  85 35 

keep  account  of  expenses,  §48 24 

schoolhouse  in  repair,  §  48 24 

make  reports  to  inspectors,  §  50 25 

may  be  removed  by  township  board,  §  147 57 

notified  of  alterations  in  district,  §  18 14 

moneys  to  be  apportioned,  §  64 30 

site  fixed  by  inspectors,  §89 36 

of  fractional  district,  to  whom  to  report,  §51 26 

penalty  for  neglect  to  accept  office,  or  perform  duties,  §141 56 

present  estimates  to  annual  meeting,  §  48 r 25 

warrants  and  orders  to  moderator  to  be  countersigned,  §48 24 

provide  appendages  to  schoolhouses,  §  48 _ 24 

record  acceptances  of  offices,  §32 19 

notice  of  first  meeting,  §  9 12 

of,  relative  to  organization  of  district,  §  13 13 

reports  of ,  to  be  filed  with  township  clerk,  §  50 25 

to  be  clerk  of  district,  §§  48,  200 24,79 

furnished  with  register  of  school,  §  40 21 

take  annual  school  census,  §  49  (sec.  22) ..   25- 

(See  District  Board.) 
DISORDERLY  PERSONS: 

juvenile,  who  to  constitute,  §  186,  sec.  1 68,  69 

to  be  taken  into  custody,  §  26 17 

DISTRIBUTION  OF  MONEYS: 

(See  Appointment.)  » 

DISTRICTS,  SCHOOL: 

(See  School  Districts.) 
DISTRICT  BOARD: 

acceptance  of  office  by  members,  §§  32, 108, 199 19,  43,  79 

appointment  to  vacancy  in,  §§30,  108,201 19,  43,  79 

director  to  be  clerk  of,  §§48,  200 24,79 

election  and  terms  of  office  of  member,  §§  28, 107, 198 18,43,78 

may  admit  non-resident  pupile,  §  46 23 

appoint  persons  to  take  school  census,  §§49,204 25,80 

classify  pupils,  §§  45, 109 23,44 

determine  certain  matters  when  meeting  fails,  §§  27,  205 18,  80 

donate  or  sell  library  books  to  township  library,  §  125 48 

fix  rates  of  tuition  to  non-resident  pupils,  §  46 23 

suspend  or  expel  disorderly  pupils,  §44 23 

to  apply  for  jury  in  suit  to  obtain  site,  §  90 37 

moneys  according  to  law,  §38 21 

build,  hire  or  purchase  schoolhouse,  §§  35,  204 20,80 


INDEX.  137 


DISTRICT  BOARD— Continued:  Page 

call  meetings  of  district,  §  22 15 

esfablish  rules,  etc.,  for  school,  §§  44,204 23,80 

estimate  amount  for  support  of  schools,  §36 20 

have  care  of  schoolhouse  and  property,  §41 22 

management  of  district  library,  §§  119,  204 47,  80 

hire  teachers,  §§40, 109.... 21,44 

make  statement  of  finances  to  annual  meeting,  §§39,  208 21,  81 

not  pay  money  to  unqualified  teachers,  §38 21 

prescribe  text-books  and  courses  of  study,  §  42 22 

provide  for  instruction  in  physiology,  etc.,  §42 22 

kindergarten,  §2 13 82 

school,  §27 18 

publish  financial  statement  of  district,  §1 46 

purchase  books  for  indigent  children,  §43 22 

or  lease  site  for  schoolhouse,  §§  35, 204 20,80 

United  States  flags,  sec.  1 8ft 

report  taxes  to  be  assessed,  §37 20 

sell  site  or  property  of  district  when  not  needed, §35 20 

trustees  in  graded  school  districts,  §§  107-110 43,44 

towns-hip  school  districts,  §  198 78 

vacancy  in,  how  filled,  §§  30,  108,201 19,43,79 

what  to  occasion,  §29 19 

when  may  issue  bonds,  §  79 34 

to  exclude  public  meetings  from  schoolhouse,  §  41 22 

who  are  eligible  to  office  in,  §  31 19 

to  constitute,  §§  33, 107, 198 19,43,78- 

(See  District  Officers.) 
DISTRICT  LIBRARIES: 

(See  Libraries.) 
DISTRICT  MEETINGS: 

annual,  board  to  make  financial  report  to,  §39 21 

estimates  of  expenses  to  be  presented  to,  §§  48,  208 25,  81 

in  case  of  failure,  what  board  to  determine,  §§  27,205 18,  8& 

powers  of,  §§  27,  109 17,44 

when  to  be  held,  §§  21,  200 15,79 

challenging  votes,  §  25 1ft 

clerk  and  chairman  may  be  appointed  in  absence  of  director  and  moderator,  §§  27,  200 17,  79 

director  to  give  notice  of,  §48 24 

disorderly  persons  at,  §  26 16 

election  of  officers,  §§  28, 107, 198 , h 18,43,78 

formation  of  a  new  district,  §§  9, 197 12,77 

limit  of  taxes  that  may  be  voted,  §§  27,  205 18,81 

may  vote  on  issuance  of  bonds,  §78 34 

tax  to  pay  money  borrowed,  §  80 35 

moderator  to  preside,  §  47 24 

notice  of,  what  to  specif y,  §§  22,  23 15 

proceedings  to  be  recorded,  §48 24 

special,  may  be  called,  §  22 15 

notice  to  indicate  the  business,  §  22 .". 15 

to  determine  use  of  schoolhouse,  §  41 22 

direct  sale  of  property,  §27 18 

fill  vacancy  in  district  office,  §  30 19 

give  directions  regarding  suits,  §  27 18 

voters  at,  when  challenged,  §  25 , 16 

may  designate  site,  §  89 36 

who  are,  §24 J6 

18 


138  INDEX. 


DISTRICT  OFFICERS:  Page 

acceptance  of  office,  §§  32, 108,199 IP,  43,79 

appointment  of ,  §§30, 108,  200 19,  43,  79 

compensation  of,  §§  27,  48,  211 18,25,  81 

election  and  terms  of  office  of ,  §§  28,  107,198 18,43,  78 

may  be  removed  by  township  board,  §  147 57 

penalty  for  neglect  to  accept  or  perform  duties,  §  Ul 56 

who  are  eligible  to  election  to  office,  §  31 19 

(See  Assessor,  Director,  Moderator;  also  District  Board  ) 
DISTRICT  SCHOOLS: 
(See  Schools.) 
DISTRICT  TAXES: 
(See  Taxes.) 
DISTRICTS: 

exempt  from  furnishing  uniform  text-books,  sec.  3 74 

DISTURBING  DISTRICT  MEETING  OR  SCHOOL: 

penalty  for,  §§  26,  44 16,23 

DIVISION  OF  DISTRICT: 

(See  School  Districts;  also  Township  Board  of  Inspectors.) 
DOG  TAX,  SURPLUS: 

apportionment  of ,  to  school  districts,  note J..       87 

EDUCATION: 

constitutional  provisions,  art.  xiii,  sees.  1-12 7-9 

ELECTION: 

if  not  held,  inspectors  to  appoint  officers,  §§  30,  108 19,44 

of  district  officers,  §§  28,  lOb,  198 18,43,78 

members  of  connty  boards  of  school  examiners,  §  126 49 

State  Board  of  Education,  con.  prov.,  art.  xili,  sec.  9 8 

school  Inspectors,  §§  151-155 58,59 

State  officers,  con.  prov.,  art.  viii,  sec.  1 7 

regulations  at  election  to  vote  on  issuance  of  bond;?,  §78 34 

who  are  eligible  to  election  to  office,  §§  31,  155 19,  59 

legal  voters  at  elections,  §24 16 

ELECTORS: 

who  are  qualified,  §  24 16 

ELIGIBILITY  TO  OFFICE: 

in  districts,  §  31 19 

townships,  §  155 59 

EMPLOYMENT: 

of  officers,  etc.,  §  109 44 

persons  to  take  school  census,  §  49  (sec.  22) 25 

teachere,  §§  40, 109,  204,  214 21,44,80,82 

ENGLISH  LANGUAGE: 

instruction  to  be  conducted  in,  con.  prov.,  art.  xiii,  sec.  4 8 

ENUMERATION  OF  CHILDREN: 

(See  Census.) 
EQUALIZATION  OF  TAXES: 

by  supervisors,  §68 32 

ESTIMATES: 

of  amounts  to  be  raised  by  tax,  §§  36,  48,  205.'. 20,25,80 

EVIDENCE: 

in  proceedings  to  obtain  site,  §  90 37 

of  organization  of  district,  §  13 13 

regularity  in  proceedings  to  remove  officers,  §  147 57 

EXAMINATIONS: 

of  applicants  for  admission  to  Agricultural  College,  §§  223,224 85 

State  certificates,  §  170 63 

inspectors'  reports  by  county  commissioner,  §  133 53 

proposed  site  by  jury,  §94 38 


INDEX.  139 


•EXAMINATIONS— Continued:  Page 

of  teachers  by  county  board  of  examiners,  §§  129,  130,  138 50,  51,  55 

officers  in  certain  districts,  §  138 55 

State  Board  of  Education,  §  170 63 

fees  to  be  collected,  8  156 _ , 59 

meetings  for,  §  129 50 

questions  for  examination  of  teachers,  §  130 51 

EXAMINERS: 

of  teachers  to  collect  fees,  §  156 »  59 

to  pay  fees  to  county  treasurer,  §  157 60 

(See  County  Board  of  School  Examiners.) 
EXECUTION: 

not  to  issue  against  school  district,  §  84 35 

EXPENSES: 

estimates  of,  to  be  presented  at  annual  meeting,  §§  48,  208 25,  81 

incidental,  estimated  by  board,  §  36 20 

of  commissioner,  how  paid,  §  135 54 

limited,  §135 55 

director,  how  paid,  §§48, 109 24,  44 

inspectors,  limited,  §  58 28 

State  institute,  how  paid,  §  162 _ 61 

teachers' institute,  §  160 .. 60 

vouchers  for,  where  filed,  §  163 61 

FEES: 

collected  by  director  and  secretary,  §  157 59 

to  be  paid  by  teacher  on  obtaining  certificate,  §  156 59 

FEMALES: 

eligible  to  district  offices,  §31 19 

office  of  township  school  inspector,  §  155 .  59 

may  vote  at  school  district  meetings,  §  24 _• 16 

elections  in  cities  of  the  fourth  class 109 

FINES: 

for  breach  of  penal  laws,  apportionment  of ,  §  123 48 

con.  prov.,  art.  xiii,  sec.  12 9 

damage  done  to  library  books,  §116 46 

disturbing  district  meeting,  §  26 17 

school,  844 23 

(See  penalties.) 
FLAGS: 

purchase  of  United  States,  sec.  1 86 

FORFEITURES: 

(See  penalties.) 
FORMATION: 

of  districts.    (See  School  Districts;  also  Township  Board  of  Inspectors.) 

teachers' associations,  §8  171-173 64,65 

FORM  OF  OATH: 

to  challenged  voter,  §  25 16 

FORMS  FOR  PROCEEDINGS- (Appendix  B): 

of  acceptance  of  office,  No.  5 112 

appointment  of  district  officer  by  district  board,  No.  14 116 

inspectors,  No.  15 117 

assessor's  bond,  No.  6 113 

bond  of  chairman  of  board  of  inspectors,  No  13 116 

certificate  of  inspectors  on  establishing  site,  No.  17 117 

to  township  clerk  of  taxes,  No.  12 115 

super  visor  of  taxes,  No.  22 119 

contract  for  building  schoolhouse,  No.  25 121 

with  teacher,  No.  26 122 

deed  to  schoolhouse  site,  No.  23....  120 


140  INDEX. 


FORMS  FOR  PROCEEDINGS-Co/iti/med:  Page 

lease  to  school  district,  No.  24 121 

notice  of  annual  meeting,  No.  7 113 

first  meeting  in  school  district,  No.  2 Ill 

meeting  of  inspectors,  No.  16 117 

special  meetings  in  district,  No.  9 1H 

truancy  to  parents  or  guardians  in  cities,  No.  29 124 

rural  districts,  No.  28 124 

to  director  of  alteration  in  district,  No.  4 112 

moneys  apportioned  district,  No.  21 119 

inhabitant  of  formation  of  school  district,  No.  1 Ill 

parents  or  guardians  of  juvenile  disorderly  persons,  No.  31 125 

township  clerk  of  moneys  to  be  apportioned.  No.  19 118 

treasurer  of  apportionment,  No.  20 118 

truant  officer,  No.  30 124 

order  upon  assessor  for  payment,  No.  10 ,.. 114 

request  of  voters  for  special  meeting,  No.  8 114 

return  of  notice  by  inhabitants  on  formation  of  district,  No.  3 112 

teachers'  register  of  school,  No.  27 .  123 

warranton  township  treasurer  for  district  moneys,  No.  11 115 

library  moneys,  No.  18 118 

FRACTIONAL  DISTRICTS: 

(See  School  Districts;  also,  Township  Board  of  Inspectors.) 
FREE  SCHOOLS: 

to  be  provided,  con.  prov.,  art.  xiii,  HOC.  4,  §  197 8,  78 

FREE  TEXT-BOOKS: 

district  board  to  advertise  for  proposals  when  authorized  by  district,  §  193 71 

estimate  amount  necessary  to  purchase,  §  194 71 

Incur  penalty  for  failure  to  comply  with  law,  §  196 72' 

make  contract  for  furnishing,  §  193 _ 71 

purchase  when  authorized,  §  193 71 

vote  on  question  of  furnishing,  §  193 71  • 

refusal  to  purchase,  a  misdemeanor,  §  196 72 

to  be  the  property  of  the  district,  §  193 71 

when  director  to  purchase,  §  195 72 

FUNDS: 

educational,  con,  prov.,  art.  xiii,  sees.  2,  3 7,  8 

for  publishing  notices  by  board  of  commissioners,  sec.  11 77 

library,  con.  prov.,  art.  xiii,  sec.  12 9^ 

teachers' institute,  §  157 60 

(See  Moneys.) 
GRADED  SCHOOL  DISTRICTS: 

annual  meeting  of ,  §21 15- 

change  to  primary  district,  §  112 45 

notice  of  Intention  to  organize,  §§107,  111 43,45 

not  limited  to  nine  sections  of  land,  §  110 45 

officers  to  be  elected  by  trustees,  §  108 '. 43 

publication  of  financial  statement  of,  sec.  1 46 

trustees,  consent  of ,  to  be  obtained  to  alteration  in  boundaries,  §  110 44 

election  and  term  of  office,  §§  107,  111 43,  45 

powers  and  duties  of ,§§  108, 109 43,44 

two  or  more  contiguous  districts  may  organize,  §  ill _ 45 

(See  School  Districts.) 
GRADING: 

of  pupils  in  graded  school  districts,  §  109 44 

not  prevented  in  any  district,  §  45 23 

GRADES  OF  CERTIFUATES: 

to  teachers,  §  131 5L 


INDEX,  141 


HIGH  SCHOOLS:  page 

may  b9  established  in  certain  districts,  §  109 44 

(See  Graded  School  Districts.) 

INCIDENTAL  EXPENSES: 

estimated  by  district  board,  §  36 20 

INDEBTEDNESS: 

of  districts,  §  78 34 

(See  Bonds.) 

INDIANS: 

children  of,  when  not  included  in  census,  §  49  (sec.  22) 25 

INHABITANT,  TAXABLE: 

(See  Taxable  Inhabitant.) 

INSPECTION,  BOARD  OF: 

(See  Board  of  Inspection.) 

INSPECTORS,  BOARD  OF  SCHOOL: 

(See  Township  Board  of  School  Inspectors.) 

INSTITUTE: 

(See  Teachers'  Institutes.) 

INSTITUTIONS: 

for  deaf,  dumb  and  blind,  con.  prov.,  art,  xiii,  §  10 9 

INSTRUCTION: 

Superintendent  of  Public  Instruction  to  have  supervision,  §  1 10 

to  be  conducted  in  the  English  language,  con.  prov.,  art.  xiii,  §  4 8 

INTEREST: 

on  bonds  limited,  §79 35 

judgment  against  district,  §  88 36 

money  lost  by  certain  officers,  §§  143, 144 .«, 56 

State  funds,  apportionment  of,  by  State  Superintendent,  §  4 11 

for  educational  purposes,  con.  prov.,  art.  xiii,  §§  2,  3 7,  8 

tax  may  ba  voted  to  pay,  §  80 35 

JOINT  MEETINGS: 

of  township  boards,  §§  104,  212 41,82 

school  inspectors,  §  11 ,       12 

JUDGE  OF  PROBATE: 

to  participate  in  filling  a  vacancy  in  office  of  member  of  board  of  examiners,  §  126 49 

JUDGMENTS: 

against  school  districts,  §§  82-88 35,36 

execution  not  to  issue  on,  §  84 35 

in  proceedings  to  obtain  site,  §95 39 

taxes  to  pay,  §69 33 

JURISDICTION: 

in  actions  against  districts,  §  82 35 

JURY: 

in  proceedings  to  obtain  site,  §§90-94 36  38 

JUVENILE  DISORDERLY  PERSONS: 

commitment  to  reformatory,  §  188 69 

penal  ties  imposed  up  an  parents  of,  in  certain  cases,  §  184 68 

proceedings  in  case  of,  §  187 68 

to  be  sent  to  ungraded  school,  §§  185, 186 68 

who  constitute,  §  186,  sec.  1 68,  69 

KINDERGARTEN: 

act  to  apply  to  other  schools,  §  216 83 

children  entitled  to  attend,  §215 82 

duty  of  district  board,  §  213 82 

qualifications  of  teachers,  §  214 _ 82 

LAND: 

proceedings  to  obtain,  for  schoolhouse  site,  §§  90-103 36-41 

when  not  taxed  for  building  schoolhouse,  §27 17 

LAWS: 

relative  to  schools  to  be  published  and  furnished  to  officers,  §  3 10 


142  INDEX. 


LEASE:  Page 

of  a  schoolhouse  site,  §  35 20 

LEGISLATURE: 

to  provide  for  agricultural  school,  con.  prov.,  art.  xiii,  sec.  11 9^ 

free  schools,  con.  prov.,  art.  xiii,  §  4 8 

libraries,  con.  prov.,  art.  xiii,  §  12 9 

LIABILITIES: 

assumed  by  township  district,  §  209 81 

of  board  of  inspectors  for  neglect,  §  143 56 

county  clerk  for  neglect,  §  144.. 56 

district  officer?,  to  removal,  §  147 57 

parent  for  failure  to  send  child  to  school,  §  184 68 

township  clerk  for  neglect,  §  143 56 

supervisor  for  neglect,  §  146 * 57 

(See  Penalties.) 
LIBRARIAN: 

to  be  appointed,  §  117 47 

LIBRARIES: 

books  to  be  purchased  for,  by  district  board,  §§  115,  204 46,80 

damages  to  books  in,  §  116 46 

district  board  may  donate  or  sell  library  books  to  township,  §  125 48 

fund  for,  apportionment  of ,  §  122 48 

expended  by  inspectors,  to  be  accounted  for  to  township  board,  §  57 28 

forfeitures  of,  §  121 47 

inspectors  to  apply  for,  §  115 46 

penal  fines  to  be  applied  to,  con.  prov.,  art.  xiii,  sec.  12 9 

State  Superintendent  to  furnish  statement  of  townships,  etc.,  entitled  to,  §  122 —  48 

to  be  used  for  purchase  of  books,  §123 48 

warrant  on  township  treasurer  for,  §  73 , 33 

when  not  to  be  forfeited,  §  121 47 

librarian  of  township,  §  117 47 

provisions  respecting,  §§  113-126 46-48 

rules  for,  §§  3, 116 11,46 

school  officers,  etc.,  not  to  act  as  agents  for  books  for,  §  148 57 

tax  for  support  of,  §  124 48 

to  be  established,  con.  prov.,  art.  xiii,  sec.  12 9 

township  inspectors  to  report  statistics  of ,  §  120 47 

what  districts  may  establish,  §  118 47 

where  kept,  §  117 47 

LIMIT  OF  INDEBTEDNESS: 

(See  Bonds.) 
LIMIT  OF  TAXES: 
(See  Taxes.) 
MANAGEMENT  OF  SCHOOLS: 

(See  District  Board;  also  Regulations.) 
MAPS: 

of  township  showing  boundaries  of  districts,  §  61..... 

MEETINGS: 

for  election  of  school  examiners,  8  126 49 

examination  of  teachers,  §§  129, 130 50,51 

joint,  of  school  inspectors,  §§11,  212 12,82 

of  board  of  education,  §  200 79 

inspectors,  §58 28 

township  boards,  §  104 

when  schoolhouse  used  for  public,  §  41 , 22 

(See  District  Meetings.) 
MEMBERS: 

of  board  of  trustees,  §§  107, 198 43,78 

county  school  examiners,  §  126 49 


INDEX.  143 


MEMBERS— Continued:  Page 

district  boards,  §  33 19 

State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9 8 

township  board  of  school  insp actors,  §§  53,  152 27,  58 

MODERATOR: 

acceptance  of  office  by,  §  32 19 

a  member  of  district  board,  §  33 19 

and  assessor  to  audit  and  pay  directors'  accounts,  §  48 •  24 

director  to  approve  bond  of  assessor,  §52 26 

appointment  of ,  §30 19 

•     pro  fern,  at  district  meetings,  §§  27,200 17,79 

election  and  term  of  office,  §§  28, 108 18,  43 

may  be  removed  by  township  board,  §  147 57 

penalty  for  neglect  to  accept  office  or  parform  duties,  §  141 56 

to  bring  suit  on  assessor's  bond,  §  47 1 24 

countersign  warrants  and  orders,  §  47 24 

give  oath  to  challenged  voter,  §  25 16 

preside  and  preserve  order  at  district  meetings,  §47 24 

(See  District  Board.) 
MONEYS: 

accrued  from  one-mill  tax,  how  used,  §66 31 

apportionment  by  State  Superintendent,  §§  4,  5,  6 11 

to  districts  by  township  clerk,  §§63,  6i,  205 29,  30,  81 

board  to  apply  according  to  law,  §  38 21 

report  to  annual  meeting  receipts  and  disbursements,  §§  39,208 21,81 

collected  on  account  of  neglect  of  officers,  §  145 66 

assessor's  bond,  how  applied,  §  52 27 

bond  of  chairman  of  board  of  inspectors,  how  applied,  §  54 28 

county  treasurer  to  apply  for  and  pay,  §77 33 

apportion  library  moneys,  §  122 43 

districts  entitled  to  receive,  §§  27,  56,  C6 18,  28,  30 

duties  of  township  treasurer  in  collecting,  §§  65,  69,  74 30,  32,  33 

paying,  §§  72,  74, 204 33,80 

for  payment  for  site  deposited  with  county  treasurer,  §§96, 101 39,  40 

library,  apportionment  of,  §123 48 

derived  from  penal  fines,  con.  prov.,  art.  xiii,  sec.  12 9 

forfeiture  of,  §  121 47 

inspectors  to  apply  for,  §  115 46 

to  be  used  for  the  purchase  of  books,  §  123 48 

treasurer  of  board  in  township  district  apply  for,  §204 80 

limitations  as  to  borrowing  of,  §78 34 

may  be  borrowed  in  certain  cases,  §  36 20 

not  to  be  apportioned  to  districts  employing  unqualified  teachers,  §  56 28 

diverted  except  by  a  two-thirds  vote,  §  38 21 

paid  to  teacher  not  having  certificate,  §  38 21 

used  for  sectarian  schools,  §  38 21 

of  a  district  when  divided  to  be  apportioned,  §§  19,  20,  212 14, 15,  82 

officer  making  illegal  use  of,  to  be  removed,  §  147 57 

orders  for,  §  48 , 24 

paid  by  old  to  new  districts,  how  applied,  §  67 3L 

pay  for  site,  when  deposited  with  county  treasurer,  §  96 39 

payment  of,  to  fractional  districts,  §  74 33 

primary  school  interest  fund,  apportionment  of,  §§  4,  6,  63,  77 11,  29,  33 

districts  entitled  to  receive,  §§  27,  56 18,  28 

how  constituted,  con.  prov.,  art.  xiii,  sees.  2,  3 7, 8 

to  be  used  only  for  teachers'  wages,  §38 21 

when  withheld  from  districts,  con.  prov.,  art.  xiii,  sec.  5 8 

public  moneys,  defined,  §  174 65 

how  to  be  used,  §  176 65, 


144  INDEX. 


MONEYS-Continwed:  Page 

public  moneys,  interest  on,  §  177 65 

no  consideration  to  be  received  by  officer  for  deposit  of,  §  178 66 

penalty  for  illegal  payment  of ,§  181 66 

not  to  exempt  from  prosecution  under  general  law,  §  180 66 

to  be  kept  separate  from  all  other  funds,  §  175 65 

raised  by  tax,  how  apportioned,  §  64  .,, 30 

report  of  receipts  and  disbursements  of,  by  assessor,  §  52 27 

district  board,  §§  39,  208 21,81 

inspectors,  §57 28 

school  moneys  to  be  paid  next  to  township  expenses,  §  72 33 

surplusof,  may  be  appropriated  to  certain  objects,  §  27 • 18 

(See  Taxes.) 
MO  NTH,  SCHOOL: 

of  what  to  consist,  §  40 21 

NAME: 

and  style  of  school  district,  §  14 13 

NEGLECT: 

of  county  clerk  to  transmit  reports,  §  144 56 

district  officers,  sec.  2,§  141 46,  56 

inspectors  in  not  reporting,  §  143 56 

parent  or  guardian  to  send  child  to  school,  §  184 67 

supervisor  and  township  clerk  in  regard  to  taxes,  §  146 57 

taxable  inhabitant  to  serve  and  return  notice,  §  140 56 

township  clerk  to  transmit  report,  §  143 56 

NON-RESIDENT: 

pupils,  admission  of,  §  46 23 

when  may  be  attached  to  district,  §  17 14 

NORMAL  SCHOOL: 

(See  State  Normal  School.) 
NOTICE: 

by  board  of  commissioners  for  sealed  proposals,  sec.  2 73 

county  treasurer  of  moneys  apportioned,  §  77 33 

State  Superintendent  of  apportionment,  §§  4, 122 11,  48 

suparvisor  to  treasurer  of  taxes  assessed,  §§68-70 31,  32 

township  board  of  proceedings  to  remove  from  office,  §  147 _ 57 

clerk  to  supervisor  of  taxes,  §§  62,  205 29,  81 

on  failure  of  new  district  to  organize,  §  10 12 

treasurer  of  moneys  in  his  hands,  §§  73,  207 33,  81 

in  proceedings  to  obtain  site,  §  92 37 

of  apportionment  of  moneys  to  districts,  §  63 29 

district  meetings,  §23 15 

first  meeting  of  a  new  district,  §§  9,  197 12,77 

formation  of  teachers'  association,  §  171 64 

intention  to  vote  on  borrowing  money,  §  81 35 

meeting  for  examination  of  teachers,  §  129 50 

of  inspectors,  §  15 13 

to  form  fractional  districts,  §  11 12 

to  organize  as  a  graded  school  district,  §  107 43 

meetings  to  be  given  by  director,  §  48 24 

special  meetings  to  indicate  business,  §  22 15 

to  direct  >rs  of  moneys  to  be  apportioned,  §63 30 

parent  or  guardian  that  child  do?s  not  attend  school,  §  184 67 

.     taxable  inhabitant  on  formation  of  district,  §  9 12 

teacher  of  intention  to  revoke  certificate,  §132 52 

OATH: 

by  challenged  voter  at  district  meetings,  §  25 IK 

if  false,  deemed  perjury,  §  25 16 

of  deputy  superintendent  of  public  instruction,  §  2 •- 10 


INDEX.  145 


OATH— Con  turned:  Page 

of  juror  in  proceedings  to  obtain  site,  §94 38 

members  of  board  of  school  examiners,  §  127 50 

to  be  made  to  correctness  of  census  list,  §  49  (sec.  22) 25 

OFFICE: 

acceptance  of,  to  be  filed,  §§  32,  1C8, 199 19,  43,  79 

removal  from,  §  147 57 

term  of,  district  officers,  §§  28,  1C8, 198 „ 19,  43,  78 

inspectors,  §  153 58 

members  of  board  of  school  examiners,  §  126 49 

State  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 8 

Regents  of  the  University,  con.  prov.,  art.  xiii,  sec.  6 8 

State  officers,  con.  prov.,  art.  viii,  sec.  1 7 

OFFICERS: 

(See  names  of  the  several  offices.) 
OFFICIAL  BONDS: 

of  assessors,  §  5? 26 

chairman  of  board  of  inspectors,  §§  54,  200 28,  79 

county  commissioner  of  schools,  §  127 50 

ONE-MILL  TAX: 

assessment,  collection  and  disposition  of ,  §66 30 

how  surplus  may  ba  applied,  §  27 18 

(See  Taxes.) 
OPINION  OF  THE  ATTORNEY  GENERAL: 

right  of  women  to  vote  at  school  elections  in  cities  of  the  fourth  class 109,  110 

ORDERS: 

of  inspectors  upon  township  treasurer,  §§  115,  204 46,  80 

on  assessor,  to  be  countersigned  by  moderator,  §  47 24 

drawn  and  signed  by  director,  §48 24 

to  be  paid  from  proper  funds,  §  52 27 

(See  Warrants;  also  Moneys.) 

ORGANIZATION: 

of  a  new  district,  §§  8-13 12,13 

graded  school  district,  §8107, 112 43-45 

township  district,  §§  197-312 77-83 

(See  School  Districts;  also,  Township  Board  of  Inspectors.) 
PARENTS  AND  GUARDIANS: 

entitled  to  vote,  §  24 16 

liability  for  not  sending  children  to  school,  §184 68 

proceedings  against  for  failure  to  send  children  to  school,  §  187 68 

required  to  send  children  to  school,  §182 66 

to  be  notified  by  truant  officers,  §  184 67 

PENALTIES  AND  FORFEITURES: 

for  damages  to  library  books,  §  116 47 

extra  charges  for  uniform  text-books,  sec.  6 76 

illegal  payment  of  public  moneys,  §181 66 

neglect  to  teach  prevention  of  diseases,  §222. 85 

not  purchasing  TJ.  S.  flag,  gee.  1 86 

moneys  collected  for,  how  applied,  §145 56 

on  county  clerk  for  not  transmitting  reports,  §  144 56 

district  for  not  maintaining  certain  length  of  school,  §§  27,  66,  204 18,  31,  80 

three  months1  school,  con.  prov.,  art.  xiii,  §  5 8 

officers  for  neglect  to  accept  office  or  perform  duties,  §  141 — -. 56 

not  publishing  financial  statement,  sec.  3 46 

inspectors  for  not  qualifying  or  neglecting  duties,  §142 56 

reporting,  §  143 56 

parent  or  guardian  failing  to  send  child  to  school,  §  184 68 

supervisor  and  clerk  for  neglect  in  regard  to  taxes,  §146 57 

19 


146  INDEX. 


PENALTIES  AND  FORFEITURES-Continued:  Page 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district,  §  140 56 

township  clerk,  for  neglect  in  transmitting  report?,  §  143 56 

town&hip  board  to  remove  certain  officers,  §  147 57 

PERJURY: 

false  oath  deemed,  §  25 16 

PHYSIOLOGY  AND  HYGIENE: 

director  to  file  copy  of  teachers'  certificate  of  instruction  with  township  clerk,  §  42 22 

penalty  for  failure  of  district  board  to  comply  with  statute,  §  42 22 

teacher  to  certify  whether  instruction  has  been  given  in,  §  42 22 

text-books  to  be  adopted  by  district  board,  §  42 22 

approved  by  State  Board  of  Education,  §§  42, 192 22,  71 

to  be  taught  by  all  public  schools  in  the  State,  §  42 22 

POLL- LIST: 

to  be  kept  when  voting  on  issuance  of  bonds,  I  78 34 

POOR  CHILDREN: 

to  be  furnished  with  text-books,  §  43 22 

PRESIDENT: 

of  University,  coa.  prov.,  art.  xiii,  sec,  8 ,.         8 

PRIMARY  SCHOOLS: 
(See  Schools.) 
PRIMARY  SCHOOL  INTEREST  FUND: 

apportionment  of,  §  4 11 

when  deficiencies  may  be  paid,  §  6 11 

reports  are  defective,  §  5 11 

to  districts,  §§  63,  204 29,80 

constitutional  provisions  respecting,  art.  xiii,  sees.  2,  3 7,  8 

county  clerk's  duties  in  relation  to  apportionment  of ,  §  76 33 

treasurer's  duties  in  relation  to  apportionment  of,  §  77 33 

school  to  be  maintained  certain  time  to  secure,  §  27 18 

three  months  to  secure,  con.  prov.,  art.  xiii,  sec.  5 8 

to  be  used  only  for  teachers'  wages,  §  38 21 

PROCEEDINGS: 

against  school  districts,  §§  8 2-88..., 35,38 

for  removal  of  officers,  §  147 157 

in  case  of  incumbrances,  §  100 40 

to  obtain  site  for  schoolhouse,  §§  89-103 36-41 

upon  appeal  from  action  of  inspectors  to  township  board,  §§  104-106 41-42 

PROCLAMATION  BY  GOVERNOR: 

announcing  contract  for  furnishing  uniform  text-books,  sec.  10 — 77 

PROPERTY: 

of  district,  care  and  preservation  of,  §§  41, 109 22,44 

disposition  of,  in  forming  township  districts,  §  209 81 

sale  of,  may  be  directed  by  voters,  §  27 18 

when  may  be  by  inspectors,  §  19 14 

when  district  is  divided,  to  be  apportioned,  §§  19,  20 14, 15 

township  is  divided,  to  be  apportioned,  §  212 82 

teachers'  associations,  §  172 _ 65 

PROSECUTION: 

(See  Actions,  Proceedings,  also  Suits.) 
PUBLIC  INSTRUCTION: 

(See  Superintendent  of  Public  Instruction.) 
PUBLIC  MEETINGS: 

when  maybe  admitted  to  schoolhouse,  §41 

PUBLIC  MONEYS: 

(See  Moneys.) 
PUBLICATION: 

of  financial  statement  by  school  board,  sec.  !....„ 46 


INDEX.  147 


PURCHASE:  Page 

of  apparatus  and  appendages  to  schoolhouse,  §  48 24 

books  for  library,  §  115 46 

poor  children,  §  43 22 

records  of  district,  §34 20 

school  efte  or  schoolhoase,  §§  35,  204 20,80 

PUPILS: 

admission  of ,  to  schools,  §§  45,  46, 109,  215 23,44,82 

Normal  school,  §  169 63 

classification,  §§  45,  109 23,  44 

tuition  of  non-resident,  §  46 23 

when  may  be  suspended  or  expelled,  §  44 _ 23 

who  may  be,  §  45 23 

QUALIFIOATIONS: 

of  voters  at  district  meetings,  §  24 16 

QUESTIONS: 

for  examination  of  teachers,  §  130 51 

RECORD: 

director  to  keep,  of  proceedings,  §§  9,  48 .  12,  24 

of  acceptance  of  office,  §  32 19 

board  of  school  examiners,  §  133 53 

certificates  to  teachers,  §  133 .*. 53 

consent  of  trustees  to  alter  graded  school  district,  §  110 44 

director,  to  be  evidence  of  organization  of  district,  §  13 13 

inspectors,  to  be  kept  in  office  of  township  clerk,  §§  59,  202 29,  80 

pupils,  to  be  kept  by  teacher,  §  40 21 

removals  from  office,  §  147 . 57 

report  of  taxes  to  annual  meeting,  §§  39,  208 21,81 

REGENTS: 

of  the  University,  con.  prov.,  art.  xiii,  §§6,  7 8 

REGISTER: 

of  school  to  be  kept  by  teacher,  §  40 21 

REGULATIONS: 

at  election  to  vote  on  issuance  of  bonds,  §  78 k 84 

for  government  of  schools,  §§  44,  204 23,  80 

libraries,  §116. 46 

REMOVAL: 

from  district  to  vacate  office,  §  29 19 

of  house  from  leased  site,  §  35 20 

officers  by  township  board,  §  147 57 

in  graded  school  districts,  §  108 43 

REPAIRS: 

(See  Schoolhouses.) 
REPORT: 

liability  of  officers  for  failing  to  report,  §§143, 144 56 

of  board  to  annual  meeting,  §§  39,  208 21,81 

chairman  of  board  of  school  inspectors,  §  134 _ 54 

county  commissioner  of  schools,  §  133 53 

director  to  inspectors,  §  50 -. 25 

how  treated  if  false,  §  56 28 

where  filed,  §59 29 

to  whom  made  in  fractional  districts,  §  51 26 

inspectors,  county  clerks'  duties  in  relation  to,  §  76 33 

to  county  clerks,  §§  55, 120,  203 28,  47,  80 

township  board  of  finances,  §§  57,  208 28,81 

Superintendent  of  Public  Instructional 10 

supervisor  to  township  treasurer,  of  taxes  assessed,  §  69 32 

township  clerk,  of  taxes,  §§  62,205 29,80 

to  treasurer  and  directors  of  moneys,  §§63,  64 > 29,  30 


148  INDEX. 


REQUEST:  Page 

to  call  special  meetings,  §§  22,  202 15,80 

RESIDENTS: 

ceasiog  to  be,  vacates  office,  §  29 19 

exceptions  of ,  in  school  census,  §  49  (sec.  22) 25 

notified  of  first  meeting  in  a  new  district,  §  9 ! 12 

petition  for  organization  of  new  district,  change  from,  §  197 77 

qualifications  of,  to  vote  at  district  meetings,  §  24 „ 16 

rights  of,  to  attend  school,  §  45 23 

RETURN: 

of  notice  of  first  meeting  on  organization  of  district,  §9 12 

REVOCATION  OF  TEACHEKS'  CERTIFICATE: 

by  board  of  school  examiners,  §  132 52 

State  Board  of  Education,  §§167,168,170 62,63 

RULES: 

(See  Regulations.) 
SALE  OF  PROPERTY: 

directed  by  district,  §  27 18 

when  by  district  board,  §35 20 

inspectors,  §  19 14 

SCHOLARS: 

(See  Pupils.) 
SCHOOL: 

admission  of  non-resident  pupils  to,  §46 23 

resident  pupils  to,  §45 _!._ 23 

agricultural,  to  be  provided  for,  con.prov.,  art.  xiii,  sec.  11 9 

board  to  establish  regulations  for,  §§  44,  204 23,  80 

prescribe  text-books,  §  42 22 

provide  for  minimum  length  of  time  of,  §§  27, 204 17, 80 

examination  of,  §133 53 

may  be  graded,  §§  45,  109.... 23,44 

not  to  be  sectarian,  §  38 21 

separated  on  account  of  race,  §  45 23 

penalty  for  disturbing,  §  44 23 

register  of,  to  be  kept  by  teachers,  §40 21 

statistics  of ,  to  be  reported  by  director,  §  50 25 

support  of,  taxes  to  be  estimated  and  voted  by  board,  §§36,  205 20,  80 

suspension  or  expulsion  of  pupils  from,  §  44 23 

time  necessary  to  be  maintained,  §§  27,  66,  204 18,  31,  80 

to  be  free,  con.  prov.,  art.  xiii,  sec.  4,  §  W7 8,  78 

maintained  at  least  three  months,  con.  prov.,  art.  xiii,  sec.  5 8 

training,  in  connection  with  State  Normal,  §  166 62 

ungraded,  to  be  established  in  certain  cases,  §  185 68 

visitation  and  examination  of ,  §  133 53 

SCHOOL  BOARD: 

(See  District  Board ) 
SCHOOL  BOOKS: 

(See  Text-books.) 
SCHOOL  CENSUS: 

time  of  taking,  not  to  be  changed,  §  21 15 

when  and  how  taken,  §  49 25 

SCHOOL  DISTRICTS: 

alterations  in,  to  be  reported  to  director,  §  18 14 

when  consent  of  taxpayers  to  be  obtained,  §  16 14 

annual  report  of,  §§39,  208 21,  81 

appeal  from  inspector's  action  in  forming,  dividing,  or  consolidating  of,  §§  104-106... 41, 42 

change  from  primary  to  graded,  §112.. 45 

corporate  powers  of,  §  14 

division  of  property  in  forming  new  from  old,  §  19 1* 


INDEX.  149 


SCHOOL  DISTRICTS— Continued :  Page 

formation  of ,  §§8-13... 12,13 

fractional,  formation  of,  §  11 12 

judgments  against,§  87 36 

levying  and  collecting  taxes  in,  §  68 31 

graded  school  districts,  §§  107-112 48-45 

map  showing  boundaries  to  be  made,  §01 29 

may  borrow  money  in  certain  cases,  §  36 20 

to  pay  indebtedness,  §  78 34 

vote  to  pay  money  borrowed,  §  81 35 

meetings  of  ,§§  21-27,  200 15-18,79 

moneys  to  be  apportioned  to,  §§  63,64 29,  30 

when  paid  by  old  to  new,  §  67 31 

name  and  style  of,  §  14 13 

suits  and  judgments,  §§  82-88 35,36 

to  be  numbered  by  inspectors,  §8 12 

contain  no  more  than  nine  sections  of  land,  §  8 12 

not  receive  moneys  when  employing  unqualified  teachers,  §  56 28 

township  organization  of,  §§197-212 77-82 

wh|it  districts  may  organize  as  graded,  §§107,  111 43,45 

when  deemed  legally  organized,  §  12 13 

persons  outside  may  be  attached,  §  17 14 

who  to  appear  in  suits  for  or  against,  §62 27 

(See  District  Meetings;  also  Voters.) 
SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 
SCHOOL  FUNDS: 

(See  Moneys.) 
SCHOOLHOUSES: 

appendages  to,  district  to  vote  tax  for,  8  27 ^. 18 

director  to  provide,  §  48 24 

board  to  procure,  §§  35,204 20,80 

bonds  may  be  issued  to  build,  §  78 34 

building  committee  may  be  appointed  to  supervise  building  of,  §  27 18 

district  to  direct  the  procuring  of ,  §  27 v 17 

limitation  of  indebtedness  to  build,  §  78 .'. 34 

repairs  to,  §  27 _..       18 

site  for,  to  be  purchased  or  leased,  §§  27,  35,  2J4 17,  20,  80 

tax  for  building,  limited,  §§27,205 17,81 

repairing,  limited,  §27 18 

to  be  in  care  of  district  board,  §  41 22 

when  certain  persons  not  liable  to  tax  for  building,  §  17 14 

land  not  taxed  for  building,  §  27 17 

not  needed  may  be  sold,  §§  19,  27,  35 14, 18,  20 

opened  or  closed  to  public  meetings,  §  41 22 

SCHOOLHOUSE  SITES: 

(See  Sites  for  Schoolhouses.) 
SCHOOL  INSPECTORS: 

(See  Township  Bord  of  School  Inspectors.) 
SCHOOL  LAWS: 

to  be  published,  §  3 10 

SCHOOL  MONEYS: 

(See  Moneys.) 
SCHOOL  MONTH: 

of  what  to  consist,  §  41 21 

SCHOOL  PROPERTY: 
(See  Property  ) 
SCHOOL  TAXES: 

(See  Taxes.) 


150  INDEX. 


SCHOOL  TEACHERS:  Page 

(See  Teachers.) 
SCHOOL  YEAR: 

when  to  commence,  §21 15 

SEALED  PROPOSALS: 

advertising  for  by  board  of  commissioners,  sec.  2 73 

opening  and  Investigation  of.  sec.  3 74 

SECTARIAN  SCHOOLS: 

not  to  receive  public  moneys,  8  38 21 

SHERIFF: 

to  remove  respondent  from  school  property,  §  98 40 

SITES  FOR  SCHOOLHOUSE-': 

board  to  purchase  or  lease,  §§35,  204 20,  80 

claims  against  settled  by  circuit  judg^,  §100 40 

compensation  for,  how  determined  in  certain  ca-?es,  §  P4 38 

how  designated,  §  89 36 

issuance  of  bonds  for  purchase  of,  §  78 34 

lease  or  purchase  of  ,§§  27,  35,  204 17,20,80 

notice  of  meeting  to  change,  §23 . 15 

procetdings  to  obtain,  §§  89-103 36-41 

to  be  selected  by  a  two-thirds  vote,  §  &9 36 

voters  to  direct  the  procuring  of,  §  27 17 

when  not  needed  may  be  sold,  §§  19,35.... 14,  20 

SPECIAL  MEETINGS: 

(See  District  Meetings.) 

STATE  BOARD  OF  EDUCATION: 

.  constitutional  provision  for,  art.  xiif,  sec.  9 8 

may  refuse  to  accept  diplomas  from  certain  colleges,  §  220 84 

members  of  board  of  commissioners  for  selecting  series  of  uniform  text-books,  sec.  1 72 

to  grant  certificates  to  graduates  of  colleges^  218 83 

diplomas  to  graduates  of  State  Normal  School,  §§  167, 168 62 

State  certificates  to  teachers,  §  170 63 

STATE  BOARD  OP  HEALTH: 

furnish  data  regarding  communicable  diseases,  §  221 84 

STATE  CERTIFICATES: 

when  granted  by  State  Board  of  Education,  §  170 63 

to  graduates  of  certain  colleges,  §  218 83 

State  Normal  School,  §§  167, 168 62 

STATE  INSTITUTIONS  OF  EDUCATIONAL  CHARACTER: 

to  be  under  supervision  of  State  Sup arintendent,  §  1 10 

STATE  NORMAL  SCHOOL: 

diplomas  and  certificates  to  graduates  of,  §§  167, 168 62 

professional  instruction  in,  §  165 62 

to  be  under  care  of  State  Board  of  Education,  con.  prov.,  article  xiii,  sec.9 9 

training  school  in,  §166 62 

STATE  OFFICERS: 

election  and  term  of  office  of,  etc.,  con.  prov.,  art.  viii,  sees.  1-3 7 

STATE  TEACHERS'  INSTITUTE: 

expenses  of,  how  paid,§  163 61 

to  be  held  annually,  §  162 61 

STATEMENT: 

(See  Notices;  also  Reports.) 

STATE  UNIVERSITY: 

diplomas  and  certificates  to  graduate*,  §  217 83 

STUDIES: 

to  be  prescribed,  §  42  -. 22 


INDEX.  151 


SUITS:  Page 

and  judgments  agiinst  district?,  §§82-88 35,  36 

assessor  to  appear  for  district,  §52 27 

directions  given  by  meeting  in  regard  to,  §27 18 

for  collection  of  penalties,  etc.,  §§  144, 147 56,  57 

jurisdiction  of  justices  in,  §82 35 

may  be  brought  for  or  against  school  districts,  §  14  13 

not  brought  to  collect  judgment,  §84 35 

on  assessors'  bond,  §52 27 

bond  of  chairman  of  board  of  inspectors,  §5t 28 

summons  in,  served  on  assessor,  §  83 35 

when  moderator  may  appear  in  for  district,  §  52 .  27 

(See  Action,  Judgments;  also  Proceedings.) 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

duties  of,  con.  pro v., art.  xiii,eec.  1 •_ 7 

relative  to  apportionment  of  primary  school  moneys,  §§  4,  6 11 

election  and  term  of  office  of,  con.  prov.,  art.  viii,  sees.  1,2 7 

may  appoint  conductors  of  teachers'  institutes,  §  159 60 

to  appoint  a  deputy,  §  2 10 

be  a  member  and  secretary  of  State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9 9 

deliver  official  books,  etc.,  to  successor,  §7 _ 11 

to  draw  on  State  treasurer  for  expenses  of  State  teachers'  Institute,  §  162 61 

have  general  supervision  of  public  instruction,  §  1 10 

hold  county  teachers'  institutes  annually,  §  158 60 

make  annual  reports  to  legislature,  §  1 10 

prepare  questions  for  examination  of  teachers,  §  130 51 

prescribe  forms  of  teachers'  certificates,  §  13J _ 51 

rules  for  boards  of  school  examiners,  §  131 _ 51 

publish  and  transmit  laws  and  forms  to  officers,  §  3 _ 11 

send  examination  questions  to  examining  officers,  §  130 51 

visit  State  infetitutions,  etc..  §  1 10 

vacancy  in  office,  how  filled,  con.  prov.,  art.  vii',  §  3.. 7 

when  may  draw  on  State  Treasurer  for  aid  to  teachers'  institutes,  §  161 61 

where  office  shall  be  kept,  con.  prov  ,  art.  8,  sec.  1 7 

SUPERVISION  OF  SCHOOLS: 

(See  County  Board  of  School  Examiners,  also  Chairman  of  Board  of  Inspectors.) 
SUPERVISOR: 

certifying  and  levying  of  taxes  in  fractional  districts,  §68 31 

equalization  of  taxes,  §  68 ^. 32 

liable  for  not  a-sessingtaxes,  §  146 57 

map  of  township  to  be  filed  with.  §  61 29 

to  assess  judgment  against  school  district,§  88 36 

one  mill  tax,  §66 :... 30 

school  taxes,  §8  6),  205 30,81 

deliver  warrant  for  collection  of  taxes  to  township  treasurer,  §  69 32 

township  clerk  to  certify  taxes  to,  §§  62,205 29,81 

(See  Taxes ) 
SUPREME  COURT  DECISIONS: 

(See  Digest  of  Supreme  Court  Decisions.) 
SURPLUS  OF  DOG  TAX: 

how  apportioned,  note 87 

SURPLUS  OF  SCHOOL  MONEY: 

how  may  be  appropriated,  §27 18 

SUSPENSION: 

of  pupils  from  school,  §  44 23 

teachers'  certificates,  §  133 52 

TAXABLE  INHABITANTS: 

duties  in  relation  to  formation  of  district,  §  9 12 

penalty  for  teglect  of  duty,  §  140 56 


152  INDEX. 


TAXES:  Page 

apportionment  of  surplus  dog  tax,  note 87 

when  district  is  divided,  §§  71,  2L2 32,  83 

assessed  upon  division  of  district,  §  62 „ 39 

assessment  of  ,§§  65,  66,  510 _ 30,31,81 

certifying  of,  in  fractional  district,  §  68 31 

duties  of  township  treasurer  relative  to  collection  of ,  §§  65,  70 30,  32 

equalization  of,  g  68 31 

estimated  and  reported  by  district  board,  §§  36,  205 20,  80 

failing  to  be  assessed,  to  be  levied  the  next  year,  §  65 30 

for  apparatus  and  appendages  to  schoolhouse,  §  27 18 

books  for  indigent  children,  §  43 22 

building  schoolhouse  or  purchase  of  site,  §27 17 

incidental  expenses,  §36 20 

judgment  against  district,  §  88 36 

libraries,  §  124 48 

repairs  to  schoolhouse,  §27 18 

school  purposes  to  be  paid  next  to  township  expenses,  5  72 33 

State  expenses,  con.  prov.,  art.  xiv,  sec.  1 9 

in  township  before  any  school  is  maintained,  §  66 31 

limit  of,  for  certain  purposes,  §§27,  205 17,  18,  81 

support  of  the  school,  §36 20 

moneys  raised  by,  nut  to  be  diverted,  §  38 21 

non-taxpayers  not  to  vote  on  questions  involving  taxation,  §24 16 

one-mill  assessment,  collection  and  disposition  of,  §66 30 

how  surplus  may  be  applied,  §  27 : 18 

on  old  district  for  new,  §  67 31 

report  of,  by  board  to  township  clerk,  §  37 20 

township  clerk  to  supervisor,  §§  62,  205  29,  81 

school,  in  separate  column,  §  306 81 

specific,  con.  prov.,  art.  xiv,  sec.  1 9 

supervisor  to  assess,  §§  65,  66,  205 30,31,81 

liability  of,  for  not  assessing,  §  146 57 

tcpay  money  borrowed,  §  83. 35 

township  treasurer  to  pay  to  other  treasurer,  §§  74, 207 33,  81 

warrant  for  collection  of,  §69 32 

what  land  exempt  from,  for  building  schoolhouse,  §  27 17 

when  collected,  how  apportioned,  §  64 30 

reported  to  supervisor,  §§  63,  205 % 29,81 

who  may  vote  on  questions  involving  taxation,  §  24 16 

(See  Moneys,  also  Supervisor.) 
TEACHERS: 

certificates,  fees  to  be  paid  on  obtaining,  §  156. 59 

given  by  county  board  of  school  examiners,  §  130 51 

faculty  of  University,  §  217 83 

State  Board  of  Education,  §270... _ 63 

graduates  of  certain  colleges,  §§  218-220.. ..  83,  84 

Normal  School,  §§  167, 163 62 

grades  of,  and  qualifications  necessary  to  obtain,  §  131 51 

necessity  of  having,  to  en'itle  teacher  to  pay,  §  33, 21 

record  of,  to  be  kept,  §  133 53 

revocation  or  suspension  of ,  §§  132, 167, 168, 170,  217 52,  62,  63,  83 

close  school  to  attend  institute,  §  159 60 

contracts  with,  §§  40,  109 21,44 

employment  of,  §§  40, 109,  204 21,44,80 

examination  of,  by  county  board  of  examiners,  §§  129,  130 60,  51 

State  Board  of  Education,  §  170... 63 


INDEX.  153 


TEACH  ERS— Continued :  Page 

give  instruction  regarding  prevention  of  communicable  dissases,  §  221 84 

list  of,  to  be  furnished  township  clerk,  §  133  53 

examined  by  inspectors,  §  56 28 

not  to  act  as  agent  for  school  books  and  furniture,  §  148 57 

apply  in  certain  districts,  §  149 57 

•   public  money  not  to  be  paid  to,  without  holding  certificates,  §  38 21 

qualifications  of,  §  214 82 

to  be  furnished  with  copy  of  contract,  §  40 21 

file  certificate  of  instruction  in  physiology,  etc.,  with  director,  §  42 22 

keep  school  register,  §  40 21 

TEACHERS'  ASSOCIATIONS: 

formation  and  incorporation  of,  §§  171-173 64,  65 

TEACHERS'  INSTITUTES : 

aid  from  State  Treasurer  to,  §  161 61 

annual  institute  in  each  county,  §  158 60 

conductor  of,  may  be  appointed,  §  159 60 

counties  may  be  united  in,  §  158 60 

expenses  of,  how  paid,  §  160 60 

vouchers  for,  where  filed,  §  163 61 

funds  for  support  of,  how  raised,  §§  156, 157 59 

State  institute,  expenses  of,  paid  from  State  Treasury,  §  162 61 

to  be  held  annually,  §  162 61 

teachers  may  close  school  to  attend,  §  159 60 

TERM  OF  OFFICE: 

of  district  officers,  §§  28, 107, 198 19,43,78 

members  of  board  of  school  examiners,  §  126 ^. 49 

State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9 9 

Kegentsof  the  University,  con.  prov.,  art.  xlii,  sec.  6 8 

State  officers,  con.  prov.,  art,  viii,  sec.  2 7 

township  officers,  §§  153, 154, 198 58,  59,78 

TEXT-BOOKS: 

district  board  to  advertise  for  proposals  when  authorized  by  district,  §  193 71 

estimate  amount  necessary  to  purchase,  §  194 71 

incur  penalty  for  failure  to  comply  with  thalaw,  §  196  72 

make  contract  for  furnishing,  §  193 71 

purchase  when  autnorized,  §§  192,  193. 70,71 

to  vote  on  question  of  furnishing,  §  193 71 

on  physiology  and  hygiene  to  be  approved  by  State  Board  of  Education,  §  42 22 

to  be  furnished  to  indigent  children,  §  43 22 

prescribed  by  district  board,  §  43 22 

the  property  of  the  district,  §  193 , 71 

uniformity  of ,  sees.  1-11,  §  57 72-77 

when  board  to  purchase,  §  195 72 

TOWNSHIP  BOARD: 

duties  of,  in  case  of  appeal  from  inspector's  action,  §§  104-106 41,  42 

may  remove  certain  officers,  §  147 57 

to  allow  accounts  of  inspectors 28 

TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS: 

appeal  from  action  of,  to  township  board,  §§  104, 106 41,  42 

chairman  and  clerk  of,  §53 27 

to  be  treasurer  of,  and  give  bond,  §  54 •.  28 

clerk  of,  to  notify  directors  of  alteration  in  district,  §18 14 

taxable  inhabitant  of  formation  of  district,  §9 13 

director  to  report  to,  §  50 „ 25 

20 


154  INDEX. 


TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS— Continued.  Page 

duties  of,  concerning  libraries,  §§  113-125 „ 46-48 

in  forming  fractional  districts,  §  11 12 

liability  for  neglect  to  report,  §  143 56 

library  money,  subject  to  order  of,  §  72,  204 33,80 

may  attach  certain  non-residents,  §  17 14 

member  of,  may  be  removed  by  township  board,  §  147 57 

notice  and  number  of  meetings,  §§  15,  58,  202 13,28,79 

on  determining  site  to  certify  to  directors,  §  89. 36 

penalty  for  neglect  to  qualify  or  perform  duties,  §  142 56 

records  of,  kept  in  office  of  township  clerk,  §59 29 

reports,  abstracts  of,  §  1 10 

examination  of,  by  county  commissioner  of  schools,  §  133 53 

to  be  made  in  triplicate,  §55 28 

restricted  in  altering  boundaries  of  graded  school  districts,  §  110 44 

tax  determined  upon  division  of  a  district,  §  19 14 

to  account  to  township  board  for  funds  received  and  disburse!,  §  57 28 

apply  for  library  moneys,  §§  115,  204 46,80 

alter  boundaries  of  districts,  §§  8,  16 12,  14 

apportion  property  on  division  of  a  district,  §§  19,  20,  212 14, 15,  82 

certify  facts  relating  to  employment  of  unqu A! ; fled  teachers,  §  56 28 

divide  township  into  school  districts,  §  8 12 

examine  list  of  teachers  before  reporting  to  county  clerk,  §56 28 

have  care  of  township  library,  §  116 46 

number  district",  §  8 12 

purchase  books  for  township  library,  §§  115,  201 46,80 

township  clerk  to  transmit  reports  of,  to  county  commissioner  of  schools,  §§  55 28 

when  may  appoint  district  officers,  §§  30, 108 19,  43 

attach  personsto  districts,  §  17 14 

cell  sch  :>olhouee  site,  §  19 14 

to  determine  site,  §§  89,  204 36,80 

who  to  constitute  board,  §§  53,  203 27,80 

TOWNSHIP  CLERK: 

a  member  and  clerk  of  board  of  inspectors,  §§  53,  59,  200 27,29,79 

duties  of,  as  inspector.  §8  59,  200  .. 29,79 

election  and  term  of  office  of,  §S  152,  154 58,  59 

liability  for  neglect  in  transmitting  reports,  §  143 .-       56 

not  reporting  taxes  to  supervisor,  §  146 57 

to  apportion  moneys  to  districts,  §§  63,  64 29,30 

approve  and  file  bond  of  chairman  of  board  of  inspectors,  §51 28 

bond  of  appellants  from  inspector's  actioa,  §  10i 42 

be  furnished  with  list  of  teachers,  §§  133,  208. 53,81 

bring  suit  on  bond  of  chairman  of  board  of  inspectors,  §  54 28 

certify  taxes  to  supervisor,  §§62,205 29,81 

file  map  of  township  with  supervisor,  §61 -       29 

forward  inspector's  reports  to  county  commissioner  of  schools,  §  55 28 

give  notice  of  formation  of  new  districts,  g§9, 10, 197 12,  77 

meeting  of  inspectors,  I  15. 13 

to  directors  of  moneys  apportioned,  §6t 30 

keep  records,  report?,  books,  etc.,  on  file,  §§59,  208 29,81 

make  map  of  township  showing  boundaries  of  districts,  §  61 29 

not  act  on  township  board  in  case  of  appeal  from  inspectors,  §  106 42 

notify  county  clerk  of  chairman  of  board  of  inspectors,  §  63 29 

director  of  alterations  in  district,  §18 14 

record  order  for  removal  of  officer,  §  147 57 

proceedings  of  board  of  inspectors,  §59 29 

receive  and 'dispose  of  communications  §59 ^ 2ft 


INDEX.  155 


TOWNSHIP  CLERK— Continued:  Page 

to  report  taxes  to  supervisor,  §§63,305 29,81 

transmit  to  county  commissioner  of  schools  reports  of  inspectors,  §  55 28 

(See  Township  Board  of  School  Inspectors.) 
TOWNSHIP  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
TOWNSHIP  DISTRICT: 

amount  of  tax  voted,  §  205 80 

board,  compensation,  §211 81 

duties  of,  §  20i 80 

meeting  of,  time  and  place,  §§200,  202 79 

officers  of,  §  198 7& 

report  of,  §208 81 

disposition  of  property,  §209 81 

division  of  district,  §  212 83 

organization  of,  §§  197-212 77-8£ 

TOWNSHIP  LIBRARY: 

(See  Libraries.) 
TOWNSHIP  TREASURER: 

duties  in  relation  to  taxes  in  fractional  districts,  §§  70,  74 32,  33 

election  and  term  of  office  of,  §§  152, 154 58,  59 

to  apply  to  county  treasurer  for  moneys,  §  73 33 

give  notice  to  township  clerk  of  moneys,  §§  73,  74 33 

hold  moneys  subject  to  proper  orders  and  warrants,  §§  72, 204 33,  80 

pay  library  moneys  to  inspectors,  §§  115,  200,  204 46,  79,  80 

school  taxes  next  to  township  expenses,  §72 33 

recover  penalties,  etc.,  from  certain  officers,  §§  143, 145 5& 

warrant  for  collection  of  taxes,  §§69,  70 32 

warrants  on,  to  be  signed  by  director  and  moderator,  §§  47,  48 24 

(See  Moneys;  also  Taxes.) 
TRAINING  SCHOOL: 

in  connection  with  State  Normal,  §  166 62 

TREASURER,  COUNTY: 

(See  County  Treasurer.) 
TREASURER  OF  BOARD  OF  SCHOOL  INSPECTORS: 

(See  Chairman  of  Board  of  School  Inspectors.) 
TREASURER  OF  DISTRICT: 

(See  Assessor  ) 
TREASURER,  TOWNSHIP: 

(8ee  Township  Treasurer.) 
TRIAL: 

(See  Action,  Proceedings;  also  Suits.) 
TRUANTS: 

sent  to  reformatory  institutions  in  certain  cases,  §  188,  sec.  2 69,  70 

tried  by  justices  or  recorder,  §  187,  sec.  2 68,  70 

ungraded  school  to  be  provided  for,  §  185 ; 68 

who  shall  be  deemed,  §  186,  sec.  1 68,  69 

TRUANT  OFFICERS: 

duty  to  enforce  compulsory  educational  laws,  §  184 67 

examine  into  cases  of  truancy,  §  181 67 

institute  proceedings  in  certain  cases,  §  188 69 

make  complaints  in  truancy  cases,  §  187 68 

warn  truants  and  their  parents  or  guardians,  g  184.. 67 

how  appointed,  §  183 67 

TRUSTEES,  BOARD  OF: 

(See  Board  of  Trustees.) 


156  INDEX. 


TUITION:  Page 

may  be  charged  for  studies  in  high  school,  §  109 44 

of  non-resident  pupils,  §  46 23 

UNGRADED  SCHOOLS: 

juvenile  disorderly  persons  to  be  sent  to,  §  186 68 

may  be  established  in  graded  school  districts,  §  185 68 

uniformity  of  Normal  School  courses,  sec.  1 63 

UNIFORMITY  OF  TEXT-BOOKS: 

advertising  for  sealed  proposals,  sec.  2 73 

bid  accompanied  by  affidavit,  sec.  2 74 

bond,  sec.  2 73 

board  of  commissioners,  who  constitutes,  sec.  1 ._. 72 

books  used  in  common  or  primary  schools,  sec.  8 , 76 

branches  of  study,  sec.  1 73 

character  and  quality  of  books,  sec.  1 73 

compensation  of  contractors,  sec.  9 77 

contract  for  publication,  sees.  4,  5 75 

districts  exempted,  sec.  8 76 

labeling  of  books,  sec.  7 * 76 

payment  for  manuscript,  sec.  4 75 

penalty  for  extra  charges,  sec.  6 76 

proclamation  by  Governor,  sec.  10 77 

profit  of  retail  dealers,  sec.  3 74 

publication  of  manuscript  by  board,  eec.  4 75 

regarding  free  compilations,  sec.  2 74 

State  appropriation,  sec.  11 77 

terms  for  introduction,  sec.  5 75 

UNION  SCHOOL  DISTRICT: 

(See  Graded  School  District.) 

UNITED  STATES  FLA.GS: 

purchase  of,  sec.  1 83 

UNIVERSITY: 

constitutional  provisions,  art.  xiii,  sees.  6,  8 8 

diplomas  and  certificates  to  graduates,  I  217 83 

VACANCY: 

in  board  of  school  examiners,  §126 , 49 

trustees  of  graded  school  district,  §108 43 

township  school  district,  §  201 79 

district  offices,  how  occasioned  and  filled,  §§  29,  30 19 

office  of  regent,  con.  prov.,  art.  xiii,  sec.  6 8 

county  commissioner  of  schools,  §  137 55 

State  officers,  con.  prov.,  art.  vili,  sec.  3 7 

(See  Appointment.) 
VENIRE: 

in  proceedings  to  obtain  site,  §§91,  93 37 

VISITATION: 

and  examination  of  schools,  §§  133, 204 53,80 

VOTERS: 

challenge  of,  §25 16 

who  are  qualified,  §  24 16 

(See  District  Meetings.) 
VOUCHERS: 

for  accounts  of  inspectors,  §  57 

expenditures  by  assessor,  §  53 ^... 27 

payments  at  teachers'  institutes,  §163 61 


INDEX.  157 


WARRANTS:  Page 

on  State  Treasurer  for  primary  school  interest  fund,  sec.  4 11 

township  treasurer,  §§  47, 48,  72,  204 24,33,80 

to  township  treasurer,  for  collection  of  tares,  §§69,  70 32 

(See  Orders;  also,  Township  Treasurer.) 
WITNESSES: 

In  proceedings  to  obtain  site,  §  9* 38 

WOMEN: 

eligible  to  election  to  district  offices,  31 19 

officeof  school  inspector,  §  155 59 

qualified  as  voters  at  district  meetings,  §  24 16 

right  to  vote  at  school  election  in  cities  of  the  fourth  class 109 

YEAR  SCHOOL: 

when  to  commence,  §  21 _„  15 


